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HomeMy WebLinkAboutSBB 2006-11-30 Agendas Meeting Agenda NORTH Substandard Building Board RICH LAND D City of North Richland Hills, Texas ' Thursday, November 30, 2006 HILLS 7301 NE Loop 820 2:00 p.m. in the Council Chambers NUMBER ITEM SUMMARY 1. Call to Order 2. Roll Call 3 Consideration of the Minutes from the September 29, 2006 meeting. 4. SSB 2006-05 Lot 1 R, Block A, Calloway Farm Addition, Known as 7600 Boulevard 26. AKA 7650 Boulevard 26 Lot 1 R, Block B, Calloway Farm Addition, Known as 7570 Boulevard 26. 5. SSB 2006-06 AKA 7624 Boulevard 26 Lot 1 R, Block C, Calloway Farm Addition, Known as 7600 Boulevard 26. 6. SSB 2006-07 7. SSB 2006-08 Lot 1 R, Block D, Calloway Farm Addition, Known as 7550 Boulevard 26. 8. Adjournment IF YOU PLAN TO ATTEND THE PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ' ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE NEIGHBORHOOD SERVICES OFFICE AT (817) 427-6650 AT LEAST 24 HOURS IN ADVANCE OF THE MEETING. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH TEXAS GOVERNMENT CODE CHAPTER 551.001 etc. seq, ACTS OF THE 1993 TEXAS LEGISLATURE, THE SUBSTANDARD BUILDING BOARD AGENDA WAS PREPARED AND POSTED AT 9:00 A.M. ON THE 27th OF NOVEMBER 2006. MINUTES OF THE SUBSTANDARD BUILIDING BOARD CITY OF NORTH RICHLAND HILLS, TEXAS SEPTEMBER 29, 2006 1. CALL TO ORDER ' The meeting was calling to order at 2:03p.m. 2. ' Roll Call PRESENT Chairman Garry Cope Vice Chair Brian Crowson Place 4 Philip Orr Place 5 John Larriviere ABSENT Alternate Bob McCary CITY STAFF Building Official Dave Pendley ' Dir. Neighborhood Services Jo Ann Stout Code Enforcement Officer Debbie Heizer ' Attorney April Virnig Recording Secretary Tiffany !nay ' 3. VOTING OF CHAIRMAN AND VICE-CHAIR Garry Cope: It is time for our voting of Chairman and Vice-Chair so as temporary chair today I open the floor for nominations. John Larriviere: I nominate Garry Cope. Garry Cope: Any other nominations? ' Philip Orr: I'll second that. Garry Cope: All in favor say I. Let the record show the motion was approved unanimous. (4-0) ' Garry Cope: Now we need a Vice-Chair. Any nominations? We have a nomination for Brian Crowson. Any other nominations? Any seconds? John Larriviere: I'll second. ' Garry Cope: We have a nomination and a second. Let the record show a unanimous vote. (4-0) 4. ' CONSIDERATION OF MINUTES FROM OCTOBER 5, 2005. Garry Cope: Our first order of business is the consideration of the minutes from ' the last meeting. Do I hear a motion? I I John Larriviere: I'd like i e to make a motion to accept the minutes. Philip Orr: I'll second the motion. IGarry Cope: All in favor of accepting the minutes say I. Let the record show the motion was approved unanimous. (4-0) 4. SSB2006-4 I PUBLIC HEARING FOR BLOCK A LOT A10 HEWITT ESTATES ADDITION, KNOWN AS 7512 BUCK ST. I Garry Cope: Now we would like to bring SSB2006-04 block A lot A10 in the Hewitt Estates Addition known as 7512 Buck St. to the table. Speaking for the City will be Debbie Heizer. IDebbie Heizer: I'm here to present case number 2006-04. The property's located at 7512 Buck St. The property is zoned R1 Single family and it's currently I vacant. In your packet your find an ariel indicating the location of the property. The owner of the property for our tax record is American Heritage Mortgage Company and the deed from Tarrant County indicates the owner to be American I Heritage Mortgage Company as well. A Vacate, Repair or Demolish letter dated August 22, 2006 was mailed certified and returned unclaimed. Owner of record was notified by certified mail on September 15, 2006. We have only received one I receipt. At this time we have no permits on file and the photos I'm about to present to you are true and accurate photos taken by myself. The brief history, the inspection request was sent to the owner on January 11, 2006. A search I warrant was obtained on January 24, 2006 and was received on February 10, 2006. A notice of Order was mailed March 31, 2006. The notice of Hearing was mailed April 13, 2006. At that time we had no response from the property owner. I The April 2006 Board Meeting was postponed. A new title search was requested on August 14, 2006. The Notice of Order was mailed August 24, 2006. A Notice of Hearing was mailed September 15, 2006. Photo 1 and Photo 2 shows the Iexterior view of the accessory building. NRH Code of Ordinances Chapter 98- 462(b)(13) " Inadequate Sanitation-Buildings or portions thereof shall be deemed substandard when they are unsanitary... including general dilapidation or Iimproper maintenance" Exterior walls not maintained, paint peeling from exterior walls, exterior door falling off structure. Photos 3 and 4 show more examples of improper maintenance and general dilapidation. Photo 5 and 6- NRH Code of IOrdinances Chapter 98-462 (k) "Hazardous or insanitary premises- the accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials Ior conditions on a premises constitutes a nuisance to be abated by this article" These are a couple of photos of hazardous materials stored inside the accessory I building. Photos 7, 8 and 9 show construction material and debris being stored inside the accessory building. A couple more examples of inadequate sanitation... Buildings or portions thereof shall be deemed substandard when Ithey are unsanitary... including general dilapidation or improper maintenance". 1 You can see the ceiling is falling and there's an apparent water leak. Photos 12 and 13 both taken September 29, 2006, NRH Code of ordinances Chapter 34 ' Section 33 (10) Nuisance "Permitting the accumulation or the dumping of garbage, rubbish, rubble or debris, building materials, building ' rubbish, discarded furniture, tree limbs, leaves, household waste items, ashes, inoperable household appliances, vehicle tires, scrap metal, or automobile parts on any private property and/or depositing the same onto any public right of way ' or private property." You can see lawn equipment, tires, brush, wood and other miscellaneous junk. The fire dept was not available to come today but one of them did type up a letter for us. I do have a recommendation that I'll go ahead ' and read. It is the recommendation of the City of North Richland Hills Code Enforcement Division all hazardous material be removed and structure demolished: ' The property is a substandard and a dangerous building by reason of the conditions set forth in this hearing, and that the nuisances alleged in the notices issued by staff exist on the property. It is hereby recommended that the following shall be completed within thirty (30) days: Hazardous material be disposed of by a licensed Environmental Service Company and shall be documented and disposed of according to all State and Federal laws and proof of disposal reports shall be submitted to the Fire Marshal's Office for filing. If any product has escaped any portion of the building, proper ' soil testing shall be conducted as required by The Texas Commission of Environmental Quality and a full report of contamination cleanup submitted to the Fire Marshal's Office for filing. ' Upon removal of all hazardous material, permit is to be obtained and structure is to be demolished to grade and any and all junk and debris be disposed of. If such corrective action in 2 and/or 3 above is not completed within the time there allowed, the City of North Richland Hills is hereby ' authorized to take such corrective action and to assess the cost of such action against the property as provided by the City's ordinances. ' Garry Cope: Anyone have any questions? Brian Crowson: Does anyone live around this house? Debbie Heizer: There are no houses around it. ' Brian Crowson: Can that not be salvaged and used for the Parks dept? Debbie Heizer: I do not know if we are permitted to take that out of there and use it for somebody else's use. ' Brian Crowson: Who pays for the removal of this? I IDebbie Heizer: We will contract it out and get the lowest bid. We would then have the work done and send the bill to who we show to be the property owner if Ithat bill is not paid within 30 days we will then file a lien on the property. Garry Cope: Any other questions? Philip Orr: Are the taxes being paid on the property? IDebbie Heizer: We have not checked that. Philip Orr: I inspected that property yesterday and they have a swam of bees as I well. Debbie Heizer: If I might go ahead and add I was informed today that our board member's are not supposed to be going to the property to view prior to the ' meetings. We did not know that until now. April Virnig: Member's of the board you do sit in a quaze judicial capacity. So that you do not impair the fairness of this procedure, you are not permitted to go out and obtain evidence of your own outside of what's presented to you in the 1 hearing. This is to ensure fairness for any parties that attend the hearing because both the city and the property owner should they chose to present their side or entitle to know exactly what evidence you've reviewed and exactly what evidence you're using to base your determinations on. If you go out to the property and do your own investigation or gather your own facts then neither the City nor the property owner would know that you have that information and it could jeopardize I the impartiality of the decision that you are rendered. It could invalidate your decision. III Philip Orr: Flipping the coin over, you've got the other side of the coin saying the opposite of what you just got done saying. It's hard for me to make a decision from photos. April Virnig: You need to think about this in terms of the fact that you all sit in a roll that's very much like a judge. I'm sure you can understand that if a judge has a case presented before them, while the judge may like to go out and find other I information on his/her own, that's just not appropriate. In order to keep the proceedings fair to all parties the judge does have to make their decision based on the evidence that is presented before them. So in order to have that fairness Ito all sides you do need to base your decision on what you are given at the hearing. Brian Crowson: I agree with the does that h of you. With tot give us some sort ong said, the bas packet Ithat we received with all the pictures, before the meeting? April Virnig: The packet that you received is something that is given to everyone on the board as well as the City Staff, as well as the other side should they chose to participate in the hearings, so that is information that is equally available to all parties, and everyone involved in the determination. It does become part of the record because that is the evidence that is presented by your Code Enforcement Officer. Garry Cope: What you're saying is, if we go out and inspect the property by ourselves we have the possibility of prejudicing ourselves to the judgment of the case. I I . I IApril Virnig: Yes, exactly. As well as the possibility of depriving the property owner of their right to due process. Due process says that they will be given fair Inotice of all the information that's going to be used in the determination of their case. Garry Cope: Understood. Do we have any further questions for Debbie? I have a Icouple. Can you tell me the reason for the first postponement? Debbie Heizer: We did not have enough board members. Garry Cope: I thought I heard you comment that you had one response from the Iowner is that correct? Debbie Heizer: It wasn't from the owner it was a bank that showed up on the title search. Someone had signed the green card and it came back. Garry Cope: Any further questions? April Virnig: I have a few final questions. Was due diligence done to ascertain I all of the potential lien holders or holders of this property? Debbie Heizer: I do believe so, this isn't the first time we have sent this information out. This is the second time this year. April Virnig: At least 10 days prior to this hearing notice that included the date, I time and place of the hearing was sent certified mail to any owners or lien holders that you are aware of? Debbie Heizer: Yes it was. April Virnig: Was notice also posted at the property? Debbie Heizer: Yes it was posted on the North Wall. I April Virnig: Ok, and notice was also published in the newspaper? Debbie Heizer: Yes it was. It was in the Star-Telegram. Brian Crowson: I do have one more question. When was this structure built? Debbie Heizer: I have no idea. Brian Crowson: I guess there hasn't been any kind of permit search? Dave Pendley: Our departments only kept records going back to about the 1980's. Brian Crowson: So you think this was built when it was Smithfield? Dave Pendley: I don't know if it's that old, but it's before our records show. I Garry Cope: At this time I'd like to allow any person representing the owner of the property to come forward. Let the record show that no one came forward. Now that we've got all the input from the city and the property owner, I'll open it I up for comments and questions from the board. The chair will entertain a motion. April Virnig: The first motion we need is for you to determine rather or not this building is substandard and dangerous and in violation of the City Ordinance. IThen the next step that you take after that is to do your Order. Brian Crowson: I make a motion that the property is a substandard and a dangerous building by reason of the conditions set forth in this hearing, and that the nuisances alleged in the notices issued by staff exist on the property. Garry Cope: I have a motion, do I have any comments? Do I have a second? I Philip Orr: I'll second it. Garry Cope: All in favor say I. Let e wouldrld'rke done. I have a legal vote. question. need a recommendation for what I Can the Chairman make motions? t April Virnig: Unless you have procedural rules that this board has adopted that Apr g state no, the typical rules for it would not prohibit that. But I'm not familiar with ' this board's rules and procedures. Garry Cope: Ok John Larriviere: I move to make an order. It is hereby recommended that the ' following shall be completed within thirty (30) days: Hazardous material be disposed of by a licensed Environmental Service Company and shall be documented and disposed of according to all State and Federal laws and proof of ' disposal reports shall be submitted to the Fire Marshal's Office for filing. If any product has escaped any portion of the building, proper soil testing shall be conducted as required by The Texas Commission of Environmental Quality and a ' full report of contamination cleanup submitted to the Fire Marshal's Office for filing. Upon removal of all hazardous material, permit is to be obtained and structure is to be demolished to grade and any and all junk and debris be ' disposed of. If such corrective action in 2 and/or 3 above is not completed within the time there allowed, the City of North Richland Hills is hereby authorized to take such corrective action and to assess the cost of such action against the property as provided by the city's ordinances. Garry Cope: Any comments? Would anyone like to amend the motion? Do I ' have a second? Philip Orr: I'll second it. Garry Cope: We have a motion and a second. All in favor say I. Let the record ' show the vote was unanimous. (4-0). With that I bring us to adjournment. 4. ' Adjournment The Vice Chairman adjourned the meeting at 4:07p.m. ' Chairman: Vice Chairman: SUBSTANDARD � BUILDING I ORDINANCE i IARTICLE X. SUBSTANDARD BUILDINGS* Page l of I IARTICLE X. SUBSTANDARD BUILDINGS* *State law references: Substandard buildings, V.T.C.A., Local Government Code §§ 214.001-- t214.005. 1 1 1 i 1 1 1 1 1 1 1 1 i 1 1 ,.�...I",A 11/00/7006 DIVISION 1. GENERALLY Page 1 of 11 DIVISION 1. GENERALLY Sec. 98-461. Purpose of article. These regulations are enacted pursuant to the authority granted by V.T.C.A., Local Government Code chs. 54 and 214, and are intended to establish minimum standards for the continued use and ' occupancy of all buildings regardless of the date of their construction by limiting the definition of substandard and dilapidated buildings to those with specified defects. (Code 1975, § 5-70) Sec. 98-462. Standards. (a) Generally. Any building or portion thereof which is determined to be an unsafe building under the building code; or any building or portion thereof, including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the conditions referenced herein shall be deemed and hereby are declared to be substandard buildings. (b) 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: (1) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodginghouse. (2) Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. (3) Lack of, or improper kitchen sink in a dwelling unit. ' (4) Lack of hot and cold running water to plumbing fixtures in a hotel or motel. (5) Lack of hot or cold running water to plumbing fixtures in a dwelling unit, or apartment complex required by other city codes. ' (6) Lack of adequate heating facilities. (7) Lack of or improper operation of required ventilating equipment. (8) Lack of minimum amounts of natural light and ventilation required by city codes. (9) Room and space dimensions less than required by city codes. 111 (10) Lack of required electrical lighting. (11) Dampness of habitable rooms. (12) Infestation by insects, vermin or rodents. (13) General dilapidation or improper maintenance. (14) Lack of connection to required sewage disposal system. (15) Lack of adequate garbage and rubbish storage and removal facilities. ' (16) Partial destruction or damage by fire unrepaired for more than 90 days. (c) 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, the --- - ..-. _.. 11 inn/l1 ll/L DIVISION 1. GENERALLY Page 2 of 11 Ifollowing: (1) Deteriorated or inadequate foundation. II (2) Defective or deteriorated flooring or floor supports. (3) Flooring or floor supports of insufficient size to carry imposed load with safety; (4) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration; (5) Members of walls, partitions or other vertical supports that are of insufficient size to 1 carry imposed loads with safety; (6) Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration; III (7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety; (8) Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration; (9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed Iloads with safety; (10) Heating flues and exhausts which list, bulge or settle due to defective material or deterioration. (d) Nuisance. Buildings or portions thereof in which there exists any nuisance as defined by ordinance are deemed substandard buildings. (e) 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 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. (f) 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. (g) Hazardous mechanical equipment. Mechanical equipment which was installed in violation of code requirements in effect at the time of installation or mechanical equipment 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 and safe condition shall be considered substandard. (h) 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, the I following: (1) Deteriorated, crumbling or loose plaster. (2) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, Iincluding broken windows or doors. (3) 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. (4) Broken, rotted, missing, split or buckled exterior walls or wall coverings or roof coverings. I ... --._.... . ,,.,,- 1 1 ilni1nnA I DIVISION 1. GENERALLY Page 3 of 11 (i) Fire hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the chief of the fire department or the fire marshal, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the Ispread and intensity of fire or explosion arising from any cause shall be considered a substandard building. (j) Faulty materials of construction. The use of materials of construction except those which are specifically allowed or approved by the housing code, residential code, or the building code and which have been adequately maintained in good and safe condition shall cause a building to be substandard. (k) Hazardous or insanitary premises. The accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions on a premises constitutes a nuisance to be abated as ' provided by this article. (I) Inadequate exits. Except for those buildings or portions thereof which have been provided 111 with adequate exit facilities conforming to the provisions of this code, buildings or portions thereof the exit facilities of which were installed in violation of code requirements in effect at the time of their construction or the exit facilities of which have not been increased in number or I width in relation to any increase in occupant load due to alterations, additions or change in use or occupancy subsequent to the time of construction shall be considered substandard. Notwithstanding compliance with code requirements in effect at the time of their construction, buildings or portions thereof shall be considered substandard when the building official or I director of neighborhood services finds that an unsafe condition exists through an improper location of exits, a lack of an adequate number or width of exit, or when other conditions exist which are dangerous to human life. I (m) Inadequate fire protection or firefighting equipment. Buildings or portions thereof shall be considered substandard when they are not provided with the fire-resistive construction or fire- extinguishing systems or equipment required by the codes of the city, except those buildings or ' portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. (n) Improper occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies shall be considered substandard. (Code 1975, § 5-71) I Sec. 98-463. Notices and orders of director of neighborhood services and building Iofficial. (a) Right of entry. When it is necessary to make an inspection to enforce the provisions of this article, or when the building official or director of neighborhood services or designee has a I reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this article which makes the building or premises unsafe, dangerous, or hazardous, the building official or director of neighborhood services or designee I may enter the building or premises at reasonable timesto inspect or perform the duties imposed by this article, provided that if such building or premises is occupied credentials shall be presented to the occupant and entry shall be requested. If such building or premises is unoccupied, the building official or director of neighborhood services or designee shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official or director of I 1 1/7n/7nn(, ' DIVISION 1. GENERALLY Page 4 of 11 neighborhood services shall have recourse to the remedies provided by law to secure entry. The building official or director of neighborhood services is designated as the person who may be issued a search warrant pursuant to Vernon's Ann. C.C.P. art. 18.05, upon presentation of ' evidence to a magistrate of probable cause to believe that a fire or health hazard or violation or unsafe building condition is present in the premises sought to be inspected. Upon searching the premises, a copy of the warrant shall be presented to the owner if present or if not present, to ' any person present who is in possession of the property. If the building official or director of neighborhood services takes anything from the property, he shall prepare an inventory and leave a copy with the owner or person in possession of the premises. ' (b) Commencement of proceedings. Whenever the building official or director of neighborhood services has inspected or caused to be inspected any building, and has found and determined that such building is: 1 (1) Dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare; ' (2) Regardless of its structural condition, unoccupied by its owners, lessees, or other invitees and 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; or (3) Boarded up, fenced, or otherwise secured in any manner if: a. The building constitutes a danger to the public even though secured from 1 entry; or b. The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by subsection ' (b)(2) directly above, the building official or director of neighborhood services shall commence proceedings to cause the repair, rehabilitation, vacation, removal or demolition of the building. (c) Notice. The building official or director of neighborhood services shall issue a notice directed to the record owner of the building. The notice shall contain: (1) The street address and description (legal or other) sufficient for identification of the premises upon which the building is located; (2) A statement that the building official or director of neighborhood services has found the building to be substandard with a brief and concise description of the conditions found to render the building dangerous; ' (3) A statement of the action required to be taken as determined by the building official or director of neighborhood services; (4) A requirement that the owner or person in charge of the building or premises secure ' required permits and commence the required action within 15 days from the date of such notice and that all work be completed within such time as the building official or director of neighborhood services shall determine is reasonable; (5) If the building official or director of neighborhood services has determined that the building or structure must be vacated, the notice shall contain a requirement that the building be vacated within such time from the date of the notice as determined by him to be reasonable; (6) A statement advising that if any required repair or demolition work is not ' commenced within the time specified, the building official or director of neighborhood services will, without further notice, order the building vacated and posted to prevent further occupancy until the work is completed; and -- --- - --- •- - --•-- •--- . . irrn i�nni ' DIVISION 1. GENERALLY Page 5 of 11 (7) A statement advising that if any required repair or demolition work is not commenced or completed within the time specified, proceedings will be commenced to ' have the building repaired, removed or demolished and the cost of such assessed as a charge against the land. (d) Service of notice. The notice and any amended notice shall be served upon the record ' owner. (e) Method of service. Service of notice shall be made upon all persons entitled there to either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, ' return receipt requested, to each such person at his address as it appears on the last tax roll of the city, or as known to the building official or director of neighborhood services. If no address of any such person so appears or is known to the building official or director of neighborhood ' services, then a copy of the notice and order shallbe published twice within ten consecutive days in a newspaper of general circulation in the city. Failure to receive such notice or order shall not affect the validity of any proceedings taken under this section. Service by certified mail ' in the manner provided in this section shall be deemed effective on the date of mailing. Service by publication shall be deemed effective on the date of the second publication. (f) Order to vacate. An order to vacate immediately may be issued only if the building or ' structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or of the occupants. (g) Posting. Every notice to vacate shall, in addition to being served as provided in subsection ' (e) of this section, be posted at or upon each exit of the building, and shall be in substantially the following form: DO NOT ENTER UNSAFE TO OCCUPY It is a Misdemeanor to Occupy this Buildingor to Remove or Deface this Notice TABLE INSET: ' Building Official and/or Director of Neighborhood Services City of North Richland Hills, Texas (Code 1975, § 5-72) Sec. 98-464. Violations. No person shall remain in or enter any building which has been posted as provided by section 98-463, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the 1 building code. Any person violating this section shall be guilty of a class C misdemeanor, and any person who fails to meet the requirements made in any notice duly served as provided in this article shall be guilty of a misdemeanor for each day such failure continues after the date the notice requires ' compliance. (Code 1975, § 5-73) Sec. 98-465. Enforcement. I DIVISION 1. GENERALLY Page 6 of 11 If the required repair or demolition has not been commenced within 15 days from the date of any notice served pursuant to this article, or if required action has not been completed as required by such notice, the building official or director of neighborhood services shall commence proceedings as Ifollows: (1) The building official or director of neighborhood services shall cause such building to be vacated by posting at each entrance thereto a notice reading: SUBSTANDARD BUILDING It is a Misdemeanor to Occupy this Building or to Remove or Deface this Notice I TABLE INSET: Director of Neighborhood Services and/or Building Official City of North Richland Hills, Texas 1 (2) A public hearing shall be scheduled before the substandard building board to determine whether the building complies with the standards set out in this article and to consider to decide whether to order the repair, removal or demolition and whether to cause the cost of such work to be paid and levied as a special assessment against the property. I (3) The substandard building board shall hold the hearing noticed and enter its order concerning the property as soon as possible thereafter. (4) A title search shall be conducted to discover each owner, mortgagee and lienholder. A diligent search shall be made by searching the following records: a. County real property records; 1 b. Appraisal district records; c. Records of the secretary of state; 1 d. Assumed name records of the county; e. Tax records of the city; and I f. Utility records of the city. (5) Notice of the public hearing to be held before the substandard building board shall be given on or before the tenth day before the hearing by causing a notice to be 111 published in the city's official newspaper and mailed by certified mail, return receipt requested or personally delivered to the owner of such property and to each mortgagee and lienholder having an interest in the building or in the property on which the building 1 is located. Notice shall also be posted on the front door of the building which isthe subject of the proceeding or as close thereto as is practicable. The notice shall include the date, time and place of such hearing and shall state that the owner, lienholder or mortgagee will be required to submit proof of the scope of any work that may be required to comply with this article and the time it will take to reasonably perform the work together with: Ia. The name and address of the record owner; b. The street address of the premises; c. An identification, which is not required to be a legal description, of the building and the property on which it is located; I i100/2006 DIVISION 1. GENERALLY Page 7 of 11 ' d. A description of the violation of city standards that is present at the building; and ' e. A statement that the city will vacate, secure, remove, or demolish the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time. ' (6) The city secretary shall, at the time notices are mailed, file a notice of the hearing in the county clerk's office, stating the name and address of the owner, if such can be determined, a legal description of the land, and stating the purpose, time and place of ' the hearing, which notice shall be binding on all subsequent grantees, lienholders, or other transferees of any interest in the property who acquire such interest after the filing of such notice. ' (7) After conducting a hearing authorized under this section, if the substandard building board finds that the allegations are true, the substandard building board shall require the owner, of the building to, within 30 days: ' a. Secure the building from unauthorized entry; or b. Repair, remove, or demolish the building, unless the owner or lienholder ' establishes at the hearing that the work cannot reasonably be performed within 30 days. (8) If the substandard building board allows more than 30 days to repair, remove, or demolish the building, the substandard building board shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder, or mortgagee to secure the property in a reasonable manner from ' unauthorized entry while the work is being performed, as determined by the substandard building board. (9) The owner, lienholder, or mortgagee shall not be allowed more than 90 days to ' repair, remove, or demolish the building or fully perform all work required to comply with the order unless the owner, lienholder, or mortgagee: a. Submits a detailed plan and time schedule for the work at the hearing; and b. Establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work. If the substandard building board allows the more than 90 days to complete any part of ' the work required to repair, remove, or demolish the building, the owner, lienholder, or mortgagee shall be required to regularly submit progress reports to the city to demonstrate that the owner, lienholder, or mortgagee has complied with the time schedules established for commencement and performance of the work. The order may require that the owner, lienholder, or mortgagee appear before the substandard building board or its designee to demonstrate compliance ' with the time schedules. If the owner, lienholder or mortgagee owns property within the city that exceeds $100,000.00 in value, the substandard building board may require the posting of a cash or surety bond in an amount adequate to cover the cost of repairing, removing or demolishing a building which is the subject of an order hereunder. Any such bond must be posted no later than the 30th day after the order is issued. (10) In a public hearing to determine whether a building complies with the standards set out in this article, the owner, lienholder, or mortgagee has the burden of proof to demonstrate the scope of any work that may be required to comply with this article and the time it will take to reasonably perform the work. The substandard building board shall specify a reasonable time for the building to be vacated, secured, repaired, removed or demolished by the owner or for the occupants to be relocated by the owner andan 1 ' DIVISION 1. GENERALLY Page 8 of 11 additional reasonable time for the ordered action to be taken by the mortgagees or lienholders in the event the owner fails to comply with the order within the time provided for action by the owner. ' (11) The substandard building board's requirement shall be reduced to writing and shall be considered an order. Within ten days after the date that the order is issued, the city ' secretary shall: a. File a copy of the order in the office of the municipal secretary or clerk; and b. Publish in a newspaper of general circulation in the municipality in which the ' building is located a notice containing: 1. The street address or legal description of the property; ' 2. The date of the hearing; 3. A brief statement indicating the results of the order; and 4. Instructions stating where a complete copy of the order may be obtained. (12) After the hearing, the city secretary shall promptly mail by certified mail, return receipt requested, or personally deliver a copy of the order to the owner of the building, and to any lienholder or mortgagee of the building. (Code 1975, § 5-74) t Sec. 98-466. Performance of work by the city. (a) Procedure. When any work of repair, removal, demolition, or securing is to be performed by the city pursuant to the provisions of an order of the board or city council, the work may be ' accomplished by city personnel or by private contract as determined to be necessary. Rubble and debris shall be removed from any premises and the lot cleaned if removal or demolition is ordered. The building or building materials may be sold if removal or demolition is ordered, and ' the proceeds shall be used to offset costs of the work. (b) Costs. The cost of the work shall be paid from city funds and shall constitute a special assessment and a lien against the property to secure payment, together with ten percent ' interest on the amount from the date on which the work is performed. (c) Repair to minimum standards only. The city may repair the building at its own expense and assess the expenses on the land on which the building stands or is attached to only to the extent necessary to bring the building into compliance with minimum standards, and only if the building is a residential building with ten or fewer dwelling units. The repairs may not improve the building to the extent that it exceeds minimum housing standards. ' (Code 1975, § 5-75) Sec. 98-467. Notice of lien. A sworn account of the expense incurred by the city in the repair, removal or demolition of any building, done pursuant to the provisions of this article, shall be filed by the building official or director of neighborhood services with the city secretary. The city secretary shall file such notice of the city's assessment and lien in the records of the county clerk. Such notices shall read substantially as follows: STATE OF TEXAS COUNTY OF TARRANT -- - - -- - - - --•- . •--- 1 1 //1 //l A A! DIVISION 1. GENERALLY Page 9 of 11 NOTICE OF LIEN , director of neighborhood services or building official for the City of North Richland Hills, makes oath and says that the City of North Richland Hills has incurred an expense of in improving property, the legal description of which is . Such expense was incurred to repair, ' remove or demolish substandard buildings after notices pursuant to ordinance and to V.T.C.A., Local Government Code ch. 214, were served on the record owner thereof, , whose address is ' TABLE INSET: Director of Building Official Neighborhood Services North Richland Hills, Texas SWORN TO AND SUBSCRIBED before me by the said , this day of to certify which witness may hand and seal of office. TABLE INSET: Notary Public in and for State of Texas (Code 1975, § 5-76)The Sec. 98-468. Prohibitions against service. ' No utility service, building permit or certificate of occupancy shall be allowed for any such property until any lien imposed pursuant to section 98-467 is discharged. (Code 1975, § 5-77) Sec. 98-469. Unoccupied buildings; dangerous buildings. (a) Securing of unoccupied, substandard building. Notwithstanding any other provisions of this article, the city may secure a building if the building official or director of neighborhood services ' determines: (1) That the building violates the minimum standards set forth herein; and ' (2) That the building is unoccupied or is occupied only by persons who do not have the right of possession to the building. (b) Notice to the owner. Before the 11th day after the date the building is secured pursuant to ' subsection (a) of this section, the building official or director of neighborhood services shall give notice to the owner by: (1) Personally serving the owner with written notice; ' (2) Depositing the notice in the United States mail addressed to the owner at the owner's post office address; (3) Publishing the notice at least twice within a ten-day period in a newspaper of general circulation in the county in which the property is located, if personal service cannot be obtained and the owner's post office address is unknown; or I DIVISION 1. GENERALLY Page 10 of 11 I (4) Posting the notice on or near the front door of the building if personal service cannot be obtained and the owner's post office address is unknown. I (c) Contents of notice. The notice must contain: (1) An identification, which is not required to be a legal description, of the building and the property on which it is located; I (2) A description of the violation of the minimum standards present in the building; (3) A statement that the city will secure or has secured, as the case may be, the I building; and (4) An explanation of the owner's entitlement to request a hearing about any matter relating to the city's securing of the building. (d) Hearing. The substandard building board shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the city's securing, of the building, if, within 30 days after the date the city has taken action pursuant to subsection (a) of this section, the owner files with the city a written request for the hearing. The hearing shall be conducted within 20 days after the date the request is filed. (e) Expenses incurred by city. If the city incurs expenses under this section, the expenses incurred shall be a personal obligation of the property owner in addition to a priority lien upon the property, and costs shall be recovered as provided in this article. 1 (Code 1975, § 5-78) 1 Sec. 98-470. Civil penalty. (a) Authorized. In addition to any other enforcement authority provided by law, as an alternative to the city repair and assessment of expenses, a civil penalty may be assessed against a property owner for failure to comply with an order issued by the substandard building board after an administrative hearing if: (1) The property owner was notified of the contents of the order issued pursuant to section 98-466; and (2) The property owner committed an act in violation of the order or failed to take an I action necessary for compliance with the order. (b) Amount of penalty. The civil penalty may be assessed at an administrative hearing held Ibefore the substandard th owner shows g board in an amount not to exceed that the property is the owner's lawful homes ead, i00 a n violation or, ifan amouny for each t not to exceed $10.00 a day for each violation. 1 (c) Notice of administrative hearing. (1) A notice of the proceeding shall be filed with the official public records of real property of the county. Such notice shall contain the legal description of such property, a I description of the proceeding, and the name and address of the owner of the affected property if such can be determined from the records on file in the office of the county clerk. I (2) On or before the tenth day before the date on which the administrative hearing is set, the property owner and each lienholder whose address can be determined from the county clerk's records shall be sent a notice of the hearing by certified mail, return 1 receipt requested. Such notice shall also be published on or before the tenth day before the hearing date. If there are unknown owners, such notice must also be posted on the front door of the affected building or as close thereto as practicable. The noticeshall I006 DIVISION 1. GENERALLY Page 11 of 11 contain: a. A copy of the order issued by the substandard building board pursuant to section 98-465; b. A statement that the building official or director of neighborhood services has determined that the property owner committed an act in violation of that order, or failed to take an action necessary for compliance with that order; c. A statement that at the administrative hearing the board may assess a civil penalty not to exceed $1,000.00 a day for each violation or, if the owner shows ' that the property is the owner's lawful homestead, in an amount not to exceed $10.00 a day for each violation; and d. Notice of the time and place of the hearing. ' (d) Copy of order filed with district clerk. After the civil penalty is assessed, the city secretary shall file with the district clerk of the county in which the property is located, a certified copy of the order assessing the civil penalty stating the amount and duration of the penalty. (e) Enforcement. The civil penalty may be enforced by the city in a suit brought by the city in a court of competent jurisdiction for a final judgment in accordance with the assessed penalty. A ' civil penalty under this subsection is final and binding and constitutes prima fade evidence of the penalty in any suit. (Code 1975, § 5-79) Secs. 98-471--98-490. Reserved. 1 1 I I ._ ___ -._ .-- _ .....- 1 I 1nAPl AlL DIVISION 2. SUBSTANDARD BUILDING BOARD* Page 1 of 3 DIVISION 2. SUBSTANDARD BUILDING BOARD* *Cross references: Boards, commissions and committees, § 2-121 et seq. Sec. 98-491. Created. • A substandard building board referred to in this division and the previous division as the "board," is hereby created to accomplish purposes and perform functions established in this division. Such board shall also exercise the power of a building and standards commission as provided for by V.T.C.A., Local Government Code § 54.033 insofar as it seeks to impose the civil penalties contemplated by section 98-470. (Code 1975, § 5-90) Sec. 98-492. Appointment and terms. (a) Membership. The board shall be composed of seven members appointed to places ' numbered 1 through 7. Each councilmember shall nominate a person whose place carries the same number of the councilmember. The city council shall vote on all such appointments. The building official or director of neighborhood services shall be an ex officio member of and shall act as secretary to the board, but shall have no vote on any matter before the board. Appointed members of the board shall hold office at the pleasure of the city council. (b) Terms. Upon initial appointment pursuant to this article, members in the odd-numbered places shall be appointed to serve terms expiring in June 30, 2003, and members appointed to ' the even-numbered places shall serve terms expiring in June 30, 2004. Thereafter, the terms of office of the members shall be two years beginning on July 1 of the year of appointment. The terms of the odd-numbered places shall expire in the odd-numbered years, and the terms of the ' even-numbered places shall expire in the even-numbered years. Board members may be appointed to succeed themselves. Vacancies shall be filled by the city council for the unexpired term. Newly appointed members shall be installed at the first regular board meeting after their appointment. (Code 1975, § 5-91) Sec. 98-493. Qualifications of members. Members shall be residents of the city and shall hold no other position on any other city board or commission. Members, except for the building official or director of neighborhood services, may not be employees of the city. (Code 1975, § 5-92) Sec. 98-494. Organization. The board shall hold an organizational meeting in October of each year and shall elect a chair ' DIVISION 2. SUBSTANDARD BUILDING BOARD* Page 2 of 3 and vice-chair from among its members. The board shall meet when required to carry out the duties established by this article. The board shall adopt its own rules and procedures and shall keep a record of its proceedings consistent with the provisions of this article and the requirements of law. Such ' rules shall establish procedure for use in -hearings, providing ample opportunity for presentation of evident and testimony by respondents a or persons opposing charges brought by the building official or director of neighborhood services relating to alleged violations of ordinances. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and shall keep records of its decisions and other official actions, all which shall be filed in the office of the city secretary and kept as public records. The building official or director ' of neighborhood services of the city or designee, with the assistance of the city's attorney, shall present all cases before the board. (Code 1975, § 5-93) 1 Sec. 98-495. Duties and powers. (a) The board is hereby charged with the duty and invested with the authority to: (1) Inspect property and premises at reasonable hours where required in the discharge of its responsibilities under the laws of the state and the city; (2) Enforce the provisions of this article, and carry out the functions established to abate substandard and dangerous buildings. (3) Hear and decide appeals of orders, decisions or determination made by the building official or director of neighborhood services relative to the application and interpretation 1 of the technical provisions of the following codes adopted by the city: a. The building code; ' b. The plumbing code; c. The mechanical code; d. The electrical code; ' e. The fire code; f. The energy conservation code; and g. The residential code. (b) The board shall have no authority relative to interpretation of the administrative provisions ' of the codes listed in subsection (a)(3) of this section or this article referenced in subsection (a) (2) of this section, nor may the board waive requirements of any of the codes listed. (Code 1975, § 5-94) Sec. 98-496. Meetings and quorums. A quorum for the conduct of business shall consist of four members of the board. Each member is entitled to one vote and action of the board shall require a majority of those members present. The ' members of the board shall regularly attend meetings of the board and shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties. The members shall comply with all time limits and public notice requirements and all meetings of the board shall be held in compliance with the Texas Open Meetings Act, V.T.C.A., Government Code ch. 551. (Code 1975, § 5-95) I IDIVISION 2. SUBSTANDARD BUILDING BOARD* Page 3 of 3 Secs. 98-497-98-530. Reserved. I 1 1 1 1 .. ,•, ., • , , In .,•- -/1•1nn//, Inrn/nne/nn, , , /"nv►nnc t Chapter 34 Nuisance Ordinance ARTICLE II. PUBLIC NUISANCES GENERALLY* Page 1 of 7 ARTICLE II. PUBLIC NUISANCES GENERALLY* ' *State law references: Abatement of public nuisances, V.T.C.A., Health and Safety Code § 343.001 et seq. Sec. 34-31. Declaration of public nuisance and violation in general. Any real property, building, or portion thereof, or the premises, including a vacant lot, in which there exists a condition not in compliance with this division shall be deemed and is hereby declared to be a public nuisance and shall be a violation of this article and shall be subject to the penalty clauses of this Code. (Code 1975, § 15-24) Sec. 34-32. Definitions. Terms, words, phrases and their derivatives used, but not specifically defined in this division, shall have the meanings defined in Webster's New Collegiate Dictionary. Words used in the singular ' include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. For purposes of this division, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended: Debris means all putrescible and nonputrescible solid wastes, including garbage, trash, litter, junk, dead tree limbs or brush, rubbish, rubble, debris, ashes, wreckage, street cleanings, dead animals, abandoned or inoperable household appliances, moveable furniture and/or appliances not ' designed for or modified to withstand the elements and outdoor use, and industrial wastes. Enforcement officer means the chief of police, code enforcement officer, consumer health ' inspector or their designated representatives, charged with any enforcement and administration of this article. Exterior property area means the open space on the premises and on adjoining property under ' the control of the owner or agent of such premises. Fireworks means any sparkler, rocket, fire cracker, roman candle, torpedo or any other substance in whatever combination used to obtain a visible or audible pyrotechnic display and shall 1 include all articles or substances with the commonly accepted meaning of the word "fireworks." Garbage means all putrescible waste, except body waste, including animal and vegetable waste resulting from handling, preparation, cooking, storage or consumption of food. ' Graffiti means the unauthorized application of paint, ink, chalk, dye or other similar substance, or other inscribed or engraved material on public or private structures located on publicly or privately ' owned real property within the city. Inoperable vehicle means a vehicle that is rendered temporarily or permanently inoperable due to conditions such as, but not limited to, flat tire or tires, missing tires or wheels, partially wrecked or dismantled, in a state of disrepair or otherwise unserviceable or not driveable. Inspection means the examination of property by the enforcement officer or his authorized representative for the purpose of evaluating its condition as provided for in this article. _ . 1 V1 1 //1 ll ll/ ' ARTICLE II. PUBLIC NUISANCES GENERALLY* Page 2 of 7 Owner means any person, agent, firm, corporation, association or other entity having legal or equitable interest in a property as shown on the most recent tax roll. Person means any person, agent, firm, corporation, association or tenant. Public nuisance means any act, condition or thing existing, done or in being, which act, condition or thing endangers the peace, property, health, and safety of the citizens of the city. Putrescible means capable of becoming putrid, rotten, foul and offensive. Rubbish means all nonputrescible wastes including, but not limited to, debris, tin cans, bottles, papers, grass and weed cuttings, paper boxes, wood or building materials and tree limbs generally not exceeding three feet in length and generally not exceeding a weight of more than 50 pounds. ' Rubble means solid waste larger and heavier than rubbish, including but not limited to, discarded appliances and furniture, large tree limbs, discarded fences, generally exceeding three feet in length and 50 pounds in weight. ' Tenant means any person, agent, firm, corporation, or association who occupies a property or premises and who is not the owner. Vehicle means any motor vehicle subject to registration under the Certificate of Title Act I (Vernon's Ann. Civ. St. art. 6687-1) and also shall include, but not be limited to, trailers, recreational trailers, camper tops, boats and boat trailers or any associated body or mechanical parts. Yard, front, means the area extending across the entire width of the lot and situated between the front lot line and the most extreme front corners of the building, or, in the absence of a building, the area extending across the entire width of the lot to the front building setback line. Yard, rear, means the area extending across the entire width of the lot and situated between the rear lot line and the most extreme rear corners of the building, or in the absence of a building, the area extending across the entire width of the lot to the rear of the rear building setback line. Yard, side, means the area extending between the side lot line and the nearest and most extreme side corners of the building or, in the absence of a building, the area extending to the side yard building setback line and extending from the front yard to the rear yard. This definition does not apply to ' a side yard adjacent to a street of corner lots. Yard, side, adjacent to a street, means the area extending between the side lot line adjacent to a street and the nearest and most extreme side corners of the building or, in the absence of a building, I the area extending to the side yard building setback line adjacent to a street and extending from the front yard to the rear property line. (Code 1975, § 15-25) tCross references: Definitions generally, § 1-2. Sec. 34-33. Specific nuisances. Without limiting the power of the city council to hereafter declare as public nuisances any other act, condition, or thing, by ordinance, the following specific acts, conditions, and things are each and all of them are hereby declared to be and constitute public nuisances: ' (1) Maintaining the exterior property area or any structure which is not reasonably free from holes and excavations, sharp protrusions, and other objects or conditions which might be a potential cause of personal injury to the occupants or to the public. ' (2) Maintaining any cellar, vault, well, drain, sewer or septic tank, which presents a potential injurious threat to the health or safety of the public. (3) Maintaining a fence or screening wall in a manner that constitutes a public hazard to ARTICLE II. PUBLIC NUISANCES GENERALLY* Page 3 of 7 persons or property. All fences shall be maintained reasonably plumb and structurally sound. Any fence or screening wall that is severely deteriorated and constitutes a public hazard to persons or property or is 15 degrees or more out of plumb shall be repaired, ' replaced or removed. Exception: This section is not intended to require the removal of any screening device that is otherwise required by the comprehensive zoning ordinance. ' (4) Discharging of any sewage waste directly or indirectly onto the ground or into any stream, creek, waterway or other body of water. (5) Maintaining any sanitary plumbing fixtures and facilities not in compliance with the public health laws, ordinances, and regulations of the state, the county and the city. ' (6) Permitting, maintaining or causing the emission of foul, offensive, noisome, nauseous, noxious or disagreeable odors repulsive to the physical senses of ordinary persons. 1 (7) Permitting any land area, tank, alley, gutter, swimming pool, or open receptacle containing water, or a source of water to become stagnant, foul, nauseous, offensive or unpleasant, or provide harborage for mosquitoes, flies, or other insects. (8) Maintaining a swimming pool, hot tub, and their related accessory structures in an unsafe, unsecured, unclean, unsanitary, or unsound condition. (9) Permitting the accumulation or the dumping of garbage, rubbish, rubble or debris, ' decaying vegetation, or to make nauseous, foul or putrid discharges, which provides a breeding place for insects or rodents which is offensive, tends to decay, become putrid, become offensive and odorous, or which renders the atmosphere impure or ' unwholesome and provides harborage for flies, mosquitoes, rodents, rats, snakes, or vermin. (10) Permitting the accumulation or the dumping of garbage, rubbish, rubble or debris, ' building materials, building rubbish, discarded furniture, tree limbs, leaves, household waste items, ashes, inoperable household appliances, vehicle tires, scrap metal, or automobile parts on any private property and/or depositing the same onto any public right-of-way or private property. (11) Permitting the accumulation or the burial of rubbish, building material wastes, road material wastes, rubber tires, garbage, or refuse, or the depositing of any substance which is detrimental to the public health, safety or the dumping or burying of used motor oils or any other chemical substance which is not permitted by the state commission on environmental quality directly onto or into the ground. ' (12) Permitting a lawn irrigation system to spray or overflow water into a public street during periods of freezing weather when such water freezes and results in a potentially dangerous condition; or, permitting a lawn irrigation system to spray or overflow water ' during any periods regardless of the weather into a public street designated as C4U, M4U, M5U, M4D, M6D, or P6D on the thoroughfare plan. ' (13) The expectoration of mucous, saliva, saliva mixed with tobacco products, remains of any chewed or partly chewed tobacco or snuff, or the remnant of any partially chewed or smoked cigar upon any public sidewalk or upon the floor of any public building or public vehicle; or, the littering of any public place, public building or public vehicle with ' any tobacco products or with any tobacco product packaging. (14) The parking of an automobile, boat, trailer or any other type of vehicle on any ' public street, playground, park, athletic field, or schoolyard with any type of sign or writing on the vehicle, which offers the vehicle for sale. The parking of an automobile, boat, trailer, or any other type of vehicle upon any private property, including parking lots or driveways of residential or commercial lots with any type of sign or writing upon the ARTICLE II. PUBLIC NUISANCES GENERALLY* Page 4 of 7 vehicle which offers the vehicle for sale. The owner or person entitledto possession of any real property commits an offense by allowing the parking of a vehicle on the property that violates this article. 1 Exception: It is a defense to prosecution under this article if the vehicle is offered for sale upon real property zoned for automobile sales or if the vehicle is offered for sale on private residential property and no more than two vehicles have been offered for sale from that property within any one calendar year. (15) The parking, standing or storage of any vehicle other than a recreational vehicle as defined by section 118-724 of this Code in the yard with the exception of R-1 S zoning rear yard adjacent to a street of residentially zoned or residentially used property. Exception: A vehicle may be parked or stored in the front yard, rear yard, side yard adjacent to a street or side yard provided it is parked on a hard paved surface of concrete or asphalt not less than nine feet by 18 feet, or at least of sufficient size to accommodate the horizontal area projected by the extreme limits of the vehicle. A ' vehicle may be parked or stored in the side yard, side yard adjacent to a street or rear yard provided it is screened from public view by not less than a six-foot tall solid fence. All parking spaces constructed for the purpose of abating this nuisance shall be constructed with a driveway adjoining an existing on-site driveway or with a driveway and approach adjoining a public right-of-way. (16) The parking, storing or standing of an inoperable vehicle. ' Exception: a. Each single-family or two-family residence is permitted to park not more than ' one inoperable vehicle that is awaiting repair for a period not to exceed 15 days. b. Each single-family or two-family residence may park or, store not more than one inoperable vehicle provided the vehicle is screened from view in all ' directions by a permanent screening fence of masonry and/or wood of redwood, cedar or other wood material that is approved for outdoor applications, not less than six feet in height. ' (17) The distributing of any advertisements, circulars, handbills, printed or written announcements, upon any public right-of-way or within any public building or on any public grounds; between sunset and sunrise. In addition to the person distributing the printed material the owner of the material and any persons who aids or abets in the distribution in violation of this section shall be deemed guilty of a violation of this article. Exception: The normal delivery of newspapers or solicited periodical subscriptions accepted by the willing owner of the private property. (18) The maintaining of any building or structure of which the roof or eaves project ' beyond the vertical projection of any property line or sheds water directly upon any property other than that property on which the building or structure is located. (19) The manufacturing, storing, using or selling of fireworks within the corporate limits ' of the city. Exception: The lawful display of fireworks pursuant to a permit issued by the proper authority of the city. (20) Keeping or maintaining of chickens or other fowl, including hens, chicks and roosters, within 50 feet of any residential structure or inhabited building. ' (21) Keeping, raising or possessing, except within enclosures or cages, any pigeons with the intent to keep, raise or breed the same. I ' ARTICLE II. PUBLIC NUISANCES GENERALLY* Page 5 of 7 (22) Permitting the carcass of a dead animal to remain on the premises for a period of time exceeding 18 hours after the death of the animal. (23) Allowing, generating or fostering any unreasonably loud, disturbing, or unnecessary noise, including but not limited to noises from musical instruments, loudspeakers and amplifiers, animals and birds, horns or other signal devices on vehicles, the operation of vehicles, steam whistles, auto exhaust without mufflers, or devices operated by compressed air, which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. (24) Maintaining graffiti on public or private structures located on publicly or privately owned real property within the city. (25) Any act or thing done, suffered or maintained within the city limits which creates an attractive nuisance to persons of normal sensibilities that may interfere with the health and safety of persons within the community. (Code 1975, § 15-26; Ord. No. 2800, § 2, 9-13-2004) Sec. 34-34. Designation of enforcement officer. The chief of police, consumer health inspector and/or the code enforcement officer or their designated representatives or as otherwise designated by the city manager are hereby directed and ' authorized to administer and enforce the provisions of this article. Nothing contained herein is meant to limit discretion of any enforcement officer in evaluating and directing compliance with this article. (Code 1975, § 15-27) Sec. 34-35. Enforcement authority and liability. The chief of police, the consumer health inspector, the code enforcement officer, or their authorized representatives, or as otherwise designated by the city manager, acting in good faith and ' without malice in the discharge of their duties, shall not thereby render themselves personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the chief of police, consumer health ' inspector,code enforcement officer, or their authorized representatives, or as otherwise designated by the city manager, because of such act or omission performed in the enforcement of any provision of this article, shall be defended by legal counsel provided by the city until final termination of such ' proceedings. (Code 1975, § 15-28) Sec. 34-36. Right of entry. rY. Whenever it becomes necessary to make an inspection to enforce the provisions of this article, or whenever there is reasonable cause to believe that there exists in any structure or upon any property a condition which violates the provisions of this article, any enforcement personnel may enter such ' property at all reasonable times to inspect the same, or to enforce a provision of this article; provided, that if such property is occupied, he shall first present proper credentials and request entry; or if such property is unoccupied, he shall first make a reasonable attempt to locate the owner, or other persons having charge or control of the property, and request entry, and if entry is refused, the enforcement ' personnel may attempt to secure entry by any legal means. (Code 1975, § 15-29) ARTICLE II. PUBLIC NUISANCES GENERALLY* Page 6 of 7 ' Sec. 34-37. Notice of violation. Whenever it is determined that a violation of this article exists, except where a different notification requirement is established in this article, the enforcement officer shall give notice of such ' violation or alleged violation to the person responsible for such violation as provided in section 34-38. (Code 1975, § 15-30) Sec. 34-38. Service of notice of violation. ' (a) Notification of violations. The owner of a property shall be notified of violations of this article as follows: (1) The notice shall be given personally to the owner in writing; or (2) The notice shall be given by letter addressed to the owner at the owner's address as recorded in the appraisal district records of the county; or ' (3) If the personal service cannot be obtained: a. By publication at least once; 1 b. By posting the notice on or near the front door of each building on the property to which the violation relates; or c. By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings. ' (b) Refused or unclaimed notices. Any notice that is mailed to a property owner in accordance with this article, and the United States Postal Service returns the notice as "refused" or "unclaimed,"the validity of the notice is not affected and the notice is considered as delivered. ' (c) Notification regarding second violation in one-year period. In a notice provided in this article, the enforcement officer may inform the owner by regular mail and a posting on the property, that if the owner commits another violation of the same kind or nature that poses a ' danger to the public health or safety on or before the first anniversary of the date of the notice, the city without further notice may correct the violation at the owner's expense and access the expense against the property. If a violation covered by a notice under this article occurs within a one-year period, and the municipality has not been informed in writing by the owner of any ' ownership change, then the city may without notice take any action permitted by subsections 34-40(1) and (2) and assess the expenses as outlined in section 34-42. ' (d) Placement of notice on vehicle. The placement of a notice of violation on a vehicle in violation of section 34-33 shall be considered adequate notice under this article. (e) Period for compliance. The notice described in this section shall require compliance within ' seven days of the notice of violation. (Code 1975, § 15-30) State law references: Notice, V.T.C.A., Health and Safety Code § 342.006. Sec. 34-39. Twenty-four-hour abatement under certain circumstances. Nothing in this article shall prohibit the requirement for abatement within 24 hours when a L aa�.//t_L______l '__�_ ____ /____ _/ram_ _ter• innnii. i.nn i.nr ARTICLE 1 I Page 7 0 nuisance has been declared an immediate threat to health and personnel nu. safety by any enforcem (Code 1975, § 15-31) Sec. 34-40. Remedies. To enforce any requirement of this article, a code enforcement officer or as otherwise designated by the city manager may: (1) Do the work or make the improvements p ents required; (2) Pay for the work done or improvements made and charge the expenses to the owner of the property; and (3) Cause appropriate action to be instituted by a court of competent jurisdiction. (Code 1975, § 15-32) State law references: Similar provisions, V.T.C.A., Health and Safety Code § 342.006. Sec. 34-41. Contracting for abatement. Whenever the property owner, agent, or tenant, fails to abate the nuisance within the time allowed, the enforcement officer or as otherwise designated by the city manager is hereby authorized to contract with a contractor to perform such work as may be required to abate the nuisance. I (Code 1975, § 15-33) Sec. 34-42. Recovery of costs. (a) Assessment of charges. Whenever the city enters upon the premises and causes any work to be performed to abate a nuisance, a charge will be made to the property owner, agent, or tenant to recover the costs associated with the abatement. The charge shall be the actual cost of abatement, plus applicable sales taxes. (b) Administrative fee. An administrative fee as established in Appendix A shall be for each charge. assessed (c) Lien. If the actual charge and the administrative fee are not paid to the city within 30 days after billing, the city shall file a lien against the property. The charges shown on the lien shall bear interest at the rate of ten percent per annum from the due date until paid. The lien shall be collected under the same terms and provisions of law as on city ad valorem taxes. (Code 1975, § 15-34) State law references: Lien, V.T.C.A., Health and Safety Code § 342.007. Secs. 34-43--34-70. Reserved. 1 1 1 1 2000 International Fire Codes I I SECTION 107 MAINTENANCE I 107.1 Maintenance of safeguards. Whenever or wherever any device, equipment, system, condition, arrangement, level of protection, or any other feature is required for compliance with the provisions of this code,or otherwise installed, such device,equipment, system,condition,arrangement, level of protection,or other feature shall thereafter be continuously maintained in accordance with this code and applicable I referenced standards. I I I I I I I I I I I I SECTION 110 UNSAFE BUILDINGS • ' 110.1 General. If during the inspection of a premises, a building or structure or any building system, in whole or in part,constitutes a clear and inimical threat to human life, safety or health,the code official shall issue such notice or orders to remove or remedy the conditions as shall be deemed necessary in accordance with this section and shall refer the building to the building department for any repairs, alterations, ' remodeling,removing or demolition required. 110.1.1 Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe or deficient because of inadequate means of egress or which constitute a fire hazard, or are otherwise ' dangerous to human life or the public welfare, or which involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. A vacant structure which is not secured against unauthorized entry as required by Section 311 shall be deemed unsafe. SECTION 304 COMBUSTIBLE WASTE MATERIAL 304.1 Waste accumulation prohibited. Combustible waste material creating a fire hazard shall not be allowed to accumulate in buildings or structures or upon premises. ' 304.1.1 Waste material. Accumulations of wastepaper, wood, hay, straw, weeds, litter or combustible or flammable waste or rubbish of any type shall not be permitted to remain on a roof or in any court, yard, vacant lot, alley, parking lot, open space, or beneath a grandstand, bleacher, pier, wharf, manufactured ' home,recreational vehicle or other similar structure. 304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangers property, shall be cut down and removed by the owner or occupant of the premises. ' 304.1.3 Space underneath seats. Spaces underneath grandstand and bleacher seats shall be kept free from combustible and flammable materials. Except where enclosed in not less than 1-hour fire-resistance-rated construction in accordance occupied or utilized for purposes other than means of egress.with the International Building Code, spaces underneath grandstand and bleacher seats shall not be ' 304.2 Storage.Storage of combustible rubbish shall not produce conditions that will create a nuisance or a hazard to the public health,safety or welfare. ' 3043 Containers. Combustible rubbish, and waste material kept within a structure shall be stored in accordance with Sections 304.3.1 through 304.3.3. 304.3.1 Spontaneous ignition. Materials susceptible to spontaneous ignition, such as oily rags, shall be ' stored in a listed disposal container. 304.3.2 Capacity exceeding 5.33 cubic feet. Containers with a capacity exceeding 5.33 cubic feet (40 3 gallons) (0.15 m) shall be provided with lids. Containers and lids shall be constructed of noncombustible ' materials or approved combustible materials. 304.33 Capacity exceeding 1.5 cubic yards.Dumpsters and containers with an individual capacity of 1.5 3 cubic yards (40.5 cubic feet) (1.15 m) or more shall not be stored in buildings or placed within 5 feet ' (1524 mm)of combustible walls,openings or combustible roof eave lines. Exceptions: 1. Dumpsters or containers in areas protected by an approved automatic sprinkler system complying with.Chapter 9. 2. Storage in a structure shall not be prohibited where the structure is of Type I or Type IIA construction,located not less than 10 feet(3048 mm)from other buildings and used exclusively ' for dumpster or container storage. SECTION 311 VACANT PREMISES ' 311.1 General. Temporarily unoccupied buildings, structures, premises or portions thereof, including tenant spaces,shall be safeguarded and maintained in accordance with this section. 311.1.1 Abandoned premises. Buildings, structures and premises for which an owner cannot be identified or located by dispatch of a certificate of mailing to the last known or registered address, which persistently or repeatedly become unprotected or unsecured, which have been occupied by unauthorized persons or for illegal purposes, or which present a danger of structural collapse or fire spread to adjacent properties shall be considered abandoned,declared unsafe and abated by demolition or rehabilitation in accordance with the ' International Property Maintenance Code and the International Building Code. 311.1.2 Tenant spaces. Storage and lease plans required by this code shall be revised and updated to reflect temporary or partial vacancies. ' 311.2 Safeguarding vacant premises. Temporarily unoccupied buildings, structures, premises or portions thereof shall be secured and protected in accordance with this section. 311.2.1 Security. Exterior openings and interior openings accessible to other tenants or unauthorized ' persons shall be boarded, locked, blocked or otherwise protected to prevent entry by unauthorized individuals. 311.2.2 Fire protection. Fire alarm, sprinkler and standpipe systems shall be maintained in an operable ' condition at all times. Exceptions: 1. When the premises have been cleared of all combustible materials and debris and, in the opinion of ' the code official,the type of construction, fire separation distance and security of the premises do not create a fire hazard. ' 2.Where buildings will not be heated and fire protection systems will be exposed to freezing temperatures,fire alarm and sprinkler systems are permitted to be placed out of service and standpipes are permitted to be maintained as dry systems(without an automatic water supply) provided the building has no contents or storage, and windows, doors and other openings are secured to prohibit entry by unauthorized persons. 311.2.3 Fire separation. Fire-resistance-rated partitions, fire barriers, and fire walls separating vacant tenant spaces from the remainder of the building shall be maintained. Openings,joints, and penetrations in ' fire-resistance-rated assemblies shall be protected in accordance with Chapter 7. 311.3 Removal of waste. Persons owning, or in charge or control of, a vacant building or portion thereof, shall remove there from all accumulations of flammable or combustible waste or rubbish and shall securely ' lock or otherwise secure doors, windows and other openings to prevent entry by unauthorized persons.The premises shall be maintained clear of waste or hazardous materials. Exceptions: ' 1. Buildings or portions of buildings undergoing additions,alterations,repairs, or change of occupancy in accordance with the International Building Code, where waste is controlled and removed as required by Section 304. 2. Seasonally occupied buildings. I I Y 903.4 Sprinkler system monitoring and alarms. All valves controlling the water supply for automatic p sprinkler systems and water-flow switches on all sprinkler systems shall be electrically supervised. IExceptions: 1. Automatic sprinkler systems protecting one-and two-family dwellings. I 2.3. Limited area systems serving fewer than 20 sprinklers. Automatic sprinkler systems installed in accordance with 13R where a common supply main is used to supply both domestic and automatic sprinkler systems and a separate shutoff valve for the automatic sprinkler system is not provided. I 4.5. Jockey pump control valves that are sealed or locked in the open position. Control valves to commercial kitchen hoods,paint spray booths or dip tanks that are sealed or locked in the open position. I 6. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position. 7. Trim valves to pressure switches in dry,preaction and deluge sprinkler systems that are sealed or locked in the open position. I903.4.1 Signals. Alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station, remote supervising station or proprietary I supervising station as defined in NFPA 72 or, when approved by the code official, shall sound an audible signal at a constantly attended location. I Exceptions: 1. Underground key or hub valves in roadway boxes provided by the municipality or public utility are not required to be monitored. 2. Backflow prevention device test valves,located in limited area sprinkler system supply piping, I shall be locked in the open position. In occupancies required to be equipped with a fire alarm system,the backflow preventer valves shall be electrically supervised by a tamper switch installed in accordance with NFPA 72 and separately annunciated. I903.4.2 Alarms. Approved audible devices shall be connected to every automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single I sprinkler of the smallest orifice size installed in the system.Alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. I I I I 905.4 Location of Class I standpipe hose connections. Class I standpipe hose connections shall be provided in all of the following locations: 1. In every required stairway, a hose connection shall be provided for each floor level above or below grade.Hose connections shall be located at an intermediate floor level landing between floors,unless otherwise approved by the code official. ' 2.3. On each side of the wall adjacent to the exit opening of a horizontal exit. In every exit passageway at the entrance from the exit passageway to other areas of a building. 4. In covered mall buildings,adjacent to each exterior public entrance to the mall and adjacent to 1 each entrance from an exit passageway or exit corridor to the mall.5. Where the roof has a slope less than four units vertical in 12 units horizontal(33.3-percent slope), each standpipe shall be provided with a hose connection located either on the roof or at the highest landing of stairways with stair access to the roof.An additional hose connection shall be provided 1 at the top of the most hydraulically remote standpipe for testing purposes. 6. Where the most remote portion of a nonsprinldered floor or story is more than 150 feet(45 720 mm)from a hose connection or the most remote portion of a sprinklered floor or story is more than 200 feet(60 960 mm)from a hose connection,the code official is authorized to require that 1 additional hose connections be provided in approved locations. 905.4.1 Protection.Risers and laterals of Class I standpipe systems not located within an enclosed stairway 1 or pressurized enclosure shall be protected by a degree of fire resistance equal to that required for vertical enclosures in the building in which they are located. Exception: In buildings equipped throughout with an approved automatic sprinkler system, laterals 1 that are not located within an enclosed stairway or pressurized enclosure are not required to be enclosed within fire-resistance-rated construction. 1 i 1 I I 1 I 1 1 1 i � City of North Richland Hills � Code of Ordinances � Sec . 14 - 131 . Creating a health i hazard . i 1 Sec. 14-131. Creating a health hazard. (a) Generally. Any person who shall harbor or keep on his premises, or in or about a premises under his control, an animal and who allows his premises to become a hazard to the general health and welfare of the community, or who shall allow his premises to give off obnoxious or 1 offensive odors due to the activity or presence of such animals, shall be guilty of a misdemeanor. (b) Removal of animal waste from public property or property of another. Any person who ' shall allow his animal to eliminate on public property or the property of another and does not remove same immediately shall be guilty of a misdemeanor. (Code 1975, § 4-161) 1 Cross references: Health, Ch. 42. 1 1 1 1 1 1 I l r BUILDING CODES I , 1 112.3-115.5 ADMINISTRATION 112.3 Qualifications. The board of appeals shall consist of 114.3 Unlawful continuance. Any person who shall contin- ue members who are qualified by experience and training to ue any work after having been served with a stop work order, pass on matters pertaining to building construction and are except such work as that person is directed to perform to not employees of the jurisdiction. remove a violation or unsafe condition, shall be subject to I penalties as prescribed by law. SECTION 113 VIOLATIONS SECTION 115 I UNSAFE STRUCTURES AND EQUIPMENT 113.1 Unlawful acts. It shall be unlawful for any person,firm or corporation to erect, construct, alter, extend, repair, move, 115.1 Conditions. Structures or existing equipment that are remove, demolish or occupy any building, structure or equip- !' or hereafter become unsafe, unsanitary or deficient because merit regulated by this code,or cause same to be done, in con of inadequate means of egress facilities, inadequate light and flict with or in violation of any of the provisions of this code. ventilation,or which constitute a fire hazard,or are otherwise 113.2 Notice of violation.The building official is authorized dangerous to human life or the public welfare, or which I involve illegal or improper occupancy or inadequate mainte- to serve a notice of violation or order on the person responsi- Hance, shall be deemed an unsafe condition. Unsafe ble for the erection, construction, alteration, extension, lures shall be taken down and removed or made safe, as the struc- repair,moving,removal,demolition or occupancy of a build- building official deems necessary and as provided for in this I ing or structure in violation of the provisions of this code, or section. A vacant structure that is not secured against entry in violation of a permit or certificate issued under the provi- sions of this code. Such order shall direct the discontinuance I of the illegal action or condition and the abatement of the 115.2 Record.The building official shall cause a report to be violation. filed on an unsafe condition. The report shall state the occu- 113.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is autho- pancy of the structure and the nature of the unsafe condition. ' rized to request the legal counsel of the jurisdiction to insti- 115.3 Notice. If an unsafe condition is found, the building tute the appropriate proceeding at law or in equity to restrain, official shall serve on the owner,agent or person in control of -I correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improve- structure in violation of the provisions of this code or of the ments to be made to abate the unsafe condition, or that ' order or direction made pursuant thereto. requires the unsafe structure to be demolished within a stip- ulated time.Such notice shall require the person thus notified 113.4 Violation penalties. Any person who violates a provi- to declare immediately to the building official acceptance or sion of this code or fails to comply with any of the require- rejection of the terms of the order. I ments thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construc- 115.4 Method of service.Such notice shall be deemed Prop- don documents or directive of the building official, or of a erly served if a copy thereof is delivered to the owner per- ' permit or certificate issued under the provisions of this code,shall be subject to penalties as prescribed by law. sonally; sent by certified or registered mail addressed to the owner at the last known address with the return receipt SECTION 114 requested; or delivered in any other manner as prescribed by local law. If the certified or registered letter is returned show ' STOP WORK ORDER ing that the letter was not delivered, a copy thereof shall be 114,1 Authority. Whenever the building official finds any posted in a conspicuous place in or about the structure affect- !' g work regulated by this code being performed in a manner g manner upon the owner's agent or upon the person ed by such notice. Service of such notice in the foreore ogoin in contrary to the provisions of this code or in a dangerous or ble for the structure shall constitute service of notice upon the unsafe manner, the building official is authorized to issue a stop work order. owner. 114.2 Issuance.The stop work order shall be in writing and 115.5 Restoration.The structure or equipment determined to shall be given to the owner of the property involved,or to the be unsafe by the building official is permitted to be restored I owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immedi- to a safe condition. To the extent that repairs, alterations or additions are made or a change of occupancy occurs during ately cease.The stop work order shall state the reason for the the restoration of the structure,such repairs,alterations, addi- order, and the conditions under which the cited work will be tions or change of occupancy shall comply with the require- ' permitted to resume. ments of Section 105.2.2 and Chapter 34. 2000 INTERNATIONAL BUILDING CODE® I I CHAPTER 7 I SANITARY DRAINAGE I SECTION 701 702.3 Building sewer pipe.Building sewer pipe shall conform I GENERAL to one of the standards listed in Table 702.3. 701.1 Scope. The provisions of this chapter shall govern the materials, design, construction and installation of sanitary 702.4 Fittings.Pipe fittings shall be approved for installation I drainage systems. with the piping material installed and shall conform to the respective pipe standards or one of the standards listed in Table 701.2 Sewer required. Every building in which plumbing 702.4. fixtures are installed and all premises having drainage piping I shall be connected to a public sewer, where available, or an approved private sewage disposal system in accordance with 702.5 Chemical waste system.A chemical waste system shall the International Private Sewage Disposal Code. be completely separated from the sanitary drainage system. The chemical waste shall be treated in accordance with Section I 701.3 Separate sewer connection. Every building having 803.2beforedischargingtothesanitarydrainagesystem.Sepa- plumbing fixtures installed and intended for human habitation, rate drainage systems for chemical wastes and vent pipes shall occupancy or use on premises abutting on a street,alley or ease- be of an approved material that is resistant to corrosion and deg- ment in which there is a public sewer shall have a separate con- radation for the concentrations of chemicals involved. I nection with the sewer.Where located on the same lot,multiple buildings shall not be prohibited from connecting to a common building sewer that connects to the public sewer. I 701.4 Sewage treatment. Sewage or other waste from a TABLE 702.1 plumbing system that is deleterious to surface or subsurface ABOVE-GROUND DRAINAGE AND VENT PIPE waters shall not be discharged into the ground or into any MATERIAL STANDARD waterway unless it has first been rendered innocuous through I subjection to an approved form of treatment. Acrylonitrile butadiene styrene ASTM D 2661;ASTM F 628; (ABS)plastic pipe CSA B181.1 701.5 Damage to drainage system or public sewer. Wastes Brass pipe ASTM B 43 detrimental to the public sewer system or detrimental to the Cast-iron pipe ASTM A 74;CISPI 301; I functioning of the sewage-treatment plant shall be treated and ASTM A 888 disposed of in accordance with Section 1003 as directed by the Coextruded composite ABS ASTM F 1488 code official. DWV sch 40 IPS pipe(solid) I Coextruded composite ABS ASTM F 1488 701.6 Tests. The sanitary drainage system shall be tested in DWV sch 40 IPS pipe accordance with Section 3 12. (cellular core) 701.7 Connections. Direct connection of a steam exhaust, Coextruded composite PVC ASTM F 1488 I blowoff or drip pipe shall not be made with the building drain DWV sch 40 IPS pipe(solid) age system. Waste water when discharged into the building Coextruded composite PVC ASTM F 1488 drainage system shall be at a temperature not higher than 140°F DWV sch 40 IPS pipe (60°C). When higher temperatures exist, approved cooling (cellular core) I methods shall be provided. Coextruded composite PVC ASTM F 1488 IPS-DR,PS 140,PS200 701.8 Engineered systems.Engineered sanitary drainage sys- DWV I terns shall conform to the provisions of Sections 105.4 and 7 14. Copper or copper-alloy pipe ASTM B 42; ASTM B 302 Copper or copper-alloy tubing ASTM B 75; ASTM B 88; (Type K, L, M or DWV) ASTM B 251;ASTM B 306 SECTION 702 Galvanized steel pipe ASTM A 53 . IMATERIALS Glass pipe ASTM C 1053 702.1 Above-ground sanitary drainage and vent pipe. Polyolefin pipe CSA CAN/CSA-B181.2 Above-ground soil,waste and vent pipe shall conform to one of Polyvinyl chloride(PVC) ASTM D 2665; ASTM D I the standards listed in Table 702.1. plastic pipe(Type DWV) 2949;ASTM F 891; CSA CAN/CSA-B 181.2; ASTM F 702.2 Underground building sanitary drainage and vent 1488 pipe. Underground building sanitary drainage and vent pipe Stainless steel drainage ASME/ANSI A112.3.1 Ishall conform to one of the standards listed in Table 702.2. systems,types 304 and 316L - 2000 INTERNATIONAL PLUMBING CODE© 49 1 1 11003 28-1003.2.11 MEANS OF EGRESS 1003.2.8 Means of egress continuity.The path of egress 1003.2.10.2 Graphics. Every exit sign and directional I travel along a means of egress shall not be interrupted by any building element other than a means of egress corn- exit sign shall have plainly legible letters not less than 6 inches (152 mm) high with the principal strokes of ponent as specified in this chapter. Obstructions shall not the letters not less than 0.75 inch(19.1 mm) wide.The I be placed in the required width of a means of egress word"EXIT"shall have letters having a width not less except projections permitted by this chapter. The required than 2 inches (51 mm) wide except the letter "I", and • capacity of a means of egress system shall not be dimin- the minimum spacing between letters shall not be less ished along the path of egress travel. than 0.375 inch (9.5 mm). Signs larger than the mini- ' . mum established in this section shall have letter 1003.2.9 Elevators, escalators, and moving walks. widths, strokes and spacing in proportion to their Elevators, escalators and moving walks shall not be used height. Ias a component of a required means of egress from any The word"EXIT shall be in high contrast with the other part of the building. background and shall be clearly discernible when the exit sign illumination means is or is not energized.If an ' Exception: Elevators used as an accessible means of arrow is provided as part of the exit sign,the construc egress in accordance with Section 1003.2.13.3. tion shall be such that the arrow direction cannot be readily changed. I1003.2.10 Exit signs. Exit signs shall comply with Sections 1003.2.10.1 through 1003.2.10.5. 1003.2.10.3 Stairway exit signs.A tactile sign stating EXIT and complying with Chapter 11 shall be provid- I 1003.2.10.1 Where required. Exits and exit access ed adjacent to each door to an egress stairway. doors shall be marked by an approved exit sign readily visible from any direction of egress travel. Access to 1003.2.10.4 Exit sign illumination.Exit signs shall be exits shall be marked by readily visible exit signs in internally or externally illuminated.The face of an exit I cases where the exit or the path of egress travel is not sign illuminated from an external source shall have an immediately visible to the occupants. Exit sign place intensity of not less than 5 foot-candles (54 lux). ment shall be such that no point in an exit access corn- Internally illuminated signs shall provide equivalent I dor is more than 100 feet (30 480 mm) from the near luminance and be listed for the purpose. est visible exit sign. Exceptions: I Exceptions: 1. Approved self Luminous exit signs that pro 1. Exit signs are not required in rooms or areas vide evenly illuminated letters shall have a which require only one exit or exit access. minimum luminance of 0.06 foot-lamberts I 2. Main exterior exit doors or gates which obvi- ously and clearly are identifiable as exits need 2. Tactile signs required by Section 1003.2.10.3 not have exit signs where approved by the need not be provided with illumination. I building official. 3. Exit signs are not required in occupancies in 1003.2.10.5 Power source. Exit signs shall be illumi- Group R-3 as applicable in Section 101.2, nated at all times.To ensure continued illumination for I Group U, guestrooms in Group R-1, dwelling units in Group R-2 as applicable in Section a duration of not less than 90 minutes in case of prima- ry power loss, the exit signs shall be connected to an 101.2 and sleeping rooms. emergency electrical system provided from storage batteries, unit equipment or an on-site generator. The I 4. Exit signs are not required in sleeping room installation of the emergency power system shall be in areas in occupancies in Group 1-3. accordance with the ICC Electrical Code. 5. In occupancies in Groups A-4 and A-5 that I include grandstand seating arrangements, exit signs are not required on the seating side of Exception: Approved exit signs that provide con- tinuous illumination independent of external power vomitories or openings into seating areas sources for a duration of not less than 90 minutes, in I where exit signs are provided in the concourse case of primary power loss, are not required to be that are readily apparent from the vomitories. connected to an emergency electrical system. Egress lighting is provided to identify each vomitory or opening within the seating area in 1003.2.11 Means of egress illumination. The means of Ian emergency. egress, including the exit discharge,shall be illuminated at 216 2000 INTERNATIONAL BUILDING CODE® 1 1 1202.4-1204.2.2 INTERIOR ENVIRONMENT (1.02 Us for each 10 m2) of crawl space floor 1202.5 Other ventilation and exhaust systems. Ventilation I area and the ground surface is covered with an and exhaust systems for occupancies and operations involv- ing flammable or combustible hazards or other contaminant 4. Ventilation openings are not required when the sources as covered in the International Mechanical Code or I ground surface is covered with an approved vapor retarder, the perimeter walls are insulated the International Fire Code shall be provided as required by the International Mechanical Code and the International and the space is conditioned in accordance with Fire Code. the International Energy Conservation Code. I 5. For buildings in flood hazard areas as established SECTION 1203 in Section 1612.3, the opening requirements of TEMPERATURE CONTROL ASCE 24 are authorized to be satisfied by vend- ' lation openings that are designed and installed in 1203.1 Equipment and systems. Interior spaces intended accordance with ASCE 24. for human occupancy shall be provided with active or pas- sive space-heating systems capable of maintaining a mini- ' 1202.4 Natural ventilation. Natural ventilation of an occu- pied space shall be through windows, doors, louvers or other mm) above the floor on the design heating day. openings to the outdoors.The operating mechanism for such I openings shall be provided with ready access so that the Exception: Interior spaces where the primary purpose is openings are readily controllable by the building occupants. not associated with human comfort. 1202.4.1 Ventilation area required.The minimum open- SECTION 1204 I able area to the outdoors shall be 4 percent of the floor LIGHTING area being ventilated. 1204.1 General.Every space intended for human occupancy I 1202.4.1.1 Adjoining spaces.Where rooms and spaces shall be provided with natural light by means of exterior without openings to the outdoors are ventilated through glazed openings in accordance with Section 1204.2 or shall an adjoining room, the opening to the adjoining rooms be provided with artificial light in accordance with Section I shall be unobstructed and shall have an area not less than 8 percent of the floor area of the interior room or 1204.3. Exterior glazed openings shall open directly onto a public way or onto a yard or court in accordance with Section space, but not less than 25 square feet (2.3 m2). The 1205. minimum openable area to the outdoors shall be based 1204.2 Natural light.The minimum net glazed area shall not Ion the total floor area being ventilated. be less than 8 percent of the floor area of the room served. 1202.4.1.2 Openings below grade. Where openings 1204.2.1 Adjoining spaces. For purpose of natural light- I below grade provide required natural ventilation, the ing,any room is permitted to be considered as a portion of outside horizontal clear space measured perpendicular an adjoining room where one half of the area of the corn- to the opening shall be one and one-half times the mon wall is open and unobstructed and provides an open- ' depth of the opening.The depth of the opening shall be ing of not less than one tenth of the floor area of the inte- measured from the average adjoining ground level to nor room or 25 square feet(2.3 m), whichever is greater. the bottom of the opening. I 1202.4.2 Contaminants exhausted.Contaminant sources 1204.2.2 Exterior openings. Exterior openings required by 1204.2 for natural light shall open directly onto a pub- in naturally ventilated spaces shall be removed in accor- lic way, yard or court, as set forth in Section 1205. dance with the International Mechanical Code and the I International Fire Code. Exceptions: 1. Required exterior openings are permitted to open 1202.4.2.1 Bathrooms. Rooms containing bathtubs, into a roofed porch where the porch: I showers, spas and similar bathing Fixtures shall be 1.1. Abuts a public way, yard or court. mechanically ventilated in accordance with the 1.2. Has a ceiling height of not less the 7 feet International Mechanical Code. (2134 mm). I 1202.4.3 Openings on yards or courts. Where natural 1.3. Has a longer side at least 65 percent ventilation is to be provided by openings onto yards or open and unobstructed. courts, such yards or courts shall comply with Section 2. Skylights are not required to open directly onto a I1205. public way, yard or court. 260 2000 INTERNATIONAL BUILDING CODE® I • - CHAPTER 4 1 VENTILATION I401.5.2 Exhaust openings.Outside exhaust openings shall SECTION 401 be located so as not to create a nuisance. Exhaust air shall GENERAL not be directed onto walkways. 401.1 Scope. This chapter shall govern the ventilation of 401.6 Outdoor opening protection. Air exhaust and intake spaces within a building intended to be occupied.This chapter openings that terminate outdoors shall be protected with corro- does not govern the requirements for smoke control systems.I 401.2 Ventilation required. Every occupied space shall be lion resistant screens, louvers or grilles.Openings in louvers, grilles and screens shall be sized in accordance with Table ventilated by natural means in accordance with Section 402 or 401.6,and shall be protected against local weather conditions. by mechanical means in accordance with Section 403. Outdoor air exhaust and intake openings located in exterior I 401.3 When required.Ventilation shall be provided during the walls shall meet the provisions for exterior wall openingprotectives in accordance with the International Building periods that the room or space is occupied. Code. 10 I 401.4 Exits.Equipment and ductwork for exit enclosure venti- TABLE 401.E OPENING shall comply with one of the following items: SIZES IN LOUVERS,GRILLES AND 1. Such equipment and ductwork shall be located exterior SCREENS PROTECTING OUTDOOR EXHAUST AND AIR INTAKE OPENINGS I to the building and shall be directly connected to the exit enclosure by ductwork enclosed in construction as re- quired by the International Building Code for shafts. MINIMUM AND MAXIMUM OPENING SIZES IN LOUVERS,GRILLESAND SCREENS MEASURED IN 2. Where such equipment and ductwork is located within OUTDOOR OPENING TYPE ANY DIRECTION 1 the exit enclosure, the intake air shall be taken directly Exhaust openings Not<'/a inch and not> inch from the outdoors and the exhaust air shall be discharged Intake openings in , i directly to the outdoors, or such air shall be conveyed residential occupancies Not< /4 inch and not> /,inch through ducts enclosed in construction as required by the 1 International Building Code for shafts. Intake openings in other than > 1/4 inch and not> I inch residential occupancies 3. Where located within the building,such equipment and ductwork shall be separated from the remainder of the Forst: 1 inch=25.4 mm. building, including other mechanical equipment, with construction as required for shafts. 401.7 Contaminant sources.Stationary local sources produc- In each case, openings into fire-resistance-rated construc- ing air borne particulates, heat, odors, fumes, spray, vapors, smoke or gases in such quantities as to be irritating or injurious I lion shall be limited to those needed for maintenance and oper- ation and shall be protected by self closing fire resistance dance with Chapter 5 or a means of collection and removal of rated devices in accordance with the International Building the contaminants. Such exhaust shall discharge directly to an Code for enclosure wall opening protectives. approved location at the exterior of the building. IExit enclosure ventilation systems shall be independent of other building ventilation systems. I 401.5 Opening location.Outside air exhaust and intake open- ings shall be located a minimum of 10 feet(3048 mm)from lot NATURAL VENTILATION lines or buildings on the same lot. Where openings front on a 402.1 General.Natural ventilation of an occupied space shall I street or public way,the distance shall be measured to the cen- comply with Chapter 12 of the International Building Code. I terline of the street or public way. Exception: Group R-3. 410' 401.5.1 Intake openings. Mechanical and gravity outside SECTION 403 I air intake openings, such as vents, chimneys, plumbing vents, streets, alleys, parking lots and loading docks, shallMECHANICAL VENTILATION 403.1 Ventilation system.Mechanical ventilation shall be pro- be located a minimum of 10 feet(3048 mm) from any haz- vided by a method of supply air and return or exhaust air.The, I ardous or noxious contaminant except as otherwise speci amount of supply air shall be approximately equal to the Pied in this code. Where a source of contaminant is located amount of return and exhaust air.The system shall not be pro- within 10 feet(3048 mm)of an intake opening,such open- hibited from producing negative or positive pressure.The sys- ing shall be located a minimum of 2 feet(6 1 0 mm)below the tern to convey ventilation air shall be designed and installed in IIcontaminant source. accordance with Chapter 6. 2000 INTERNATIONAL MECHANICAL CODE® 27 I IINTERIOR ENVIRONMENT - 1204.3—1207.2 1204.3 Artificial light.Artificial light shall be provided that 1205.3.3 Court drainage.The bottom of every court shall I is adequate to provide an average illumination of 10 foot- be properly graded and drained to a public sewer or other candles(107 lux) over the area of the room at a height of 30 approved disposal system complying with the inches(762 mm)above the floor level. International Plumbing Code. I1204.4 Stairway illumination. Stairways within dwelling SECTION 1206 units shall be provided with a minimum illumination level of SOUND TRANSMISSION I10 foot-candles (107 lux) measured at every tread nosing. Exterior stairways serving a dwelling unit shall have an illu- 1206.1 Scope. This section shall apply to common interior mination level on tread runs of I foot-candle (11 lux). Stairs walls, partitions and floor/ceiling assemblies between adja- in other occupancies shall be governed by Chapter 10. cent dwelling units or between dwelling units and adjacent I public areas such as halls,corridors, stairs or service areas. 1204.4.1 Controls. The control for activation of the required stairway lighting shall be in accordance with the 1206.2 Air-borne sound. Walls, partitions and floor/ceiling 1 ICC Electrical Code. assemblies separating dwelling units from each other or from public or service areas shall have a sound transmission class 1204.5 Emergency egress lighting. The means of egress (STC) of not less than 50 (45 if field tested) for air-borne I shall be illuminated in accordance with Section 1003.2.11. noise when tested in accordance with ASTM E 90.'This requirement shall not apply to dwelling unit entrance doors; SECTION 1205 however, such doors shall be tight fitting to the frame and I YARDS OR COURTS sill. 1205.1 General.This section shall apply to yards and courts 1206.3 Structure-borne sound. Floor/ceiling assemblies adjacent to exterior openings that provide natural light or between dwelling units or between a dwelling unit and a pub- ' ventilation. Such yards and courts shall be on the same prop lic or service area within the structure shall have an impact erty as the building. insulation class (IIC) rating of not less than 50 (45 if field I tested) when tested in accordance with ASTM E 492. 1205.2 Yards.Yards shall not be less than 3 feet(914 mm)in width for one-story and two-story buildings. For buildings SECTION 1207 more than two stories in height, the minimum width of the INTERIOR SPACE DIMENSIONS Iyard shall be increased at the rate of 1 foot(305 mm)for each additional story.For buildings exceeding 14 stories in height, 1207.1 Minimum room widths.Habitable spaces,other than the required width of the yard shall be computed on the basis a kitchen,shall not be less than 7 feet(2134 mm)in any plan I of 14 stones. dimension. Kitchens shall have a clear passageway of not less than 3 feet (914 mm) between counter fronts and appli- 1205.3 Courts.Courts shall not be less than 3 feet(914 mm) ances or counter fronts and walls. in width. Courts having windows opening on opposite sides Ishall not be less than 6 feet(1829 mm)in width. Courts shall 1207.2 Minimum ceiling heights.Occupiable spaces, habit- not be less than 10 feet(3048 mm)in length unless bounded able spaces and corridors shall have a ceiling height of not on one end by a public way or yard. For buildings more than less than 7 feet 6 inches(2286 mm).Bathrooms,toilet rooms, Itwo stories in height,the court shall be increased 1 foot(305 kitchens, storage rooms and laundry rooms shall be permit- mm) in width and 2 feet (310 mm) in length for each addi ted to have a ceiling height of not less than 7 feet(2134 mm). tional story. For buildings exceeding 14 stories in height,the I required dimensions shall be computed on the basis of 14 sto Exceptions: ries. 1. In one- and two-family dwellings,beams or girders I 1205.3.1 Court access. Access shall be provided to the spaced not less than 4 feet(1219 mm)on center and bottom of courts for cleaning purposes. projecting not more than 6 inches (152 mm) below the required ceiling height. I 1205.3.2 Air intake. Courts more than two stories in 2. Basement rooms in one- and two-family dwellings height shall be provided with a horizontal air intake at the having a ceiling height of not less than 6 feet 8 inch- bottom not less than 10 square feet(0.93 m2 ) in area and es (2033 mm) with not less than 6 feet 4 inches leading to the exterior of the building unless abutting a (1932 mm) of clear height under beams, girders, I yard or public way. ducts and similar obstructions. 2000 INTERNATIONAL BUILDING CODE® 261 11/LL/L0rJO 10.ICI 01 I-4Zt-O.3tJJ t-'Hl2t 01/01 ' 1 1 EXTERIOR WALLS 1405.2-1405.5.2 • 1405.2 Weather protection. Exterior walls shall provide moisture can accumulate shall be avoided or protected weather protection for the building.The.materials of the min- with caps or drips, or other approved means shall be pro- imum nominal thickness specified in Table 1405.2 shall be vided to prevent water damage. f acceptable as approved weather coverings. 1 TABLE 1405.2 1405.3.2 Masonry. Flashing and weepholes shall be MINIMUM THICKNESS OF WEATHER COVERINGS located in the first coursc of masonry above finished iI ground level above the foundation wall or slab, and other Y COVERING TYPE MINIMUM THICKNESS (Inches) pp g structural of su out,includin structural floors, shelf angles and lintels where anchored veneers are designed in actor- i • Adhered masonry veneer 0.25 dance with Section 1405.5. or Anchored masonry veneer 2.625 Aluminum siding 0.019 .:. Asbestos cement boards 0.125 1405.4 Wood veneers. Wood veneers on exterior walls of 11 Asbestos shingles 0.156 buildings of 7Ypes 1,II,ITT, and TV construction shall be not IExterior_plywood(with sheathing) 0.313 less than 1-inch (25.4 mm) nominal thickness, 0.438-inch Exterior plywood(without sheathing) See Section 2304.6 ()l.l mm)exterior hardboard siding or 0.375-inch(9.5 mm) • Fiberboard siding 0.5 i Glass.fiber reinforced concrete panels 0.375 exterior-type wood structural panels or particle-board and iI Hardboard siding 0.25 shall conform to the following: Marble slabs 1 - Particichoard(with sheathing) See Section 2304,6 1. The veneer does not exceed thrice stories in height, Particleboard(without sheathing) Scc Section 2304.E measured from grade, except where fire retardant l- 1 Precast stone facing 0-625 Steel(approved cnrmnioa resistant) 0.0149 treated wood is used. the height shall not exceed four Stone(cast artificial) 1.5 stories. Stone(natural) 2 2. The veneer is attached to or fun-ed from a non-com- ' Structural glass 0.344 hustihle backing that is fire-resistance rated as required Stucco or exterior portland cement plaster by other provisions of this code. .. Three-coat work over: 3. Where open or spaced wood veneers (without con- , II Metal plaster base 0.8755 scaled spaces) are used, they shall not project more Unit masonry Cast-in-place or precast concrete 0.625� 0.625 than 24 inches(610 mm)from the building wall. Two-coat work over: Unit masonry 0.5" 1405.5 Anchored masonry veneer. Anchored masonry I Cast-in�alace orbrecast concrete 0.375b veneer shall comply with the provisions of Sections 1405.5, `1, Terra cotta(anchored) 1 1405.6, 1405.7,and 1405.8 and Sections 6.1 and 6.2 of ACT Terra cotta(adhered) • 0.255301ASCE SHIMS 402. if Vinyl siding 0_035 I . Wood shingles 0.375 Wood siding(without sheathing)" 0.5 1405.5.1. Support. Exterior masonry veneers having an For Si: 1 inch=25.4 tnnr. installed weight of 40 pounds/square foot (1.915 kN/m2) 1' I a. Wood siding of thicknesses less than 0.5 inch shall he placed over or less shall be permitted to be supported on wood con- struction that conforms to Section 2304.6. struction where installed in compliance with the follow- b. Exclusive of texture. ? ' c, As measured at the bottom of decorative grooves. trig. •i. II. There shall be a vertical movement joint between 1405.3 Flashing. Flashing shall be installed in such a man- the veneer supported by the wood construction and ner so as to prevent moisture from entering the top and sides the veneer supported by the foundation. of exterior window and door openings. Flashing shall be 2. Membersir'I I supporting the masonry veneer shall he installed in such a manner so as to prevent moisture from attached to wood studs with lag screws. entering at the intersection of chimneys or other masonry !. construction with frame or stucco walls, with projecting 3. Horizontal members supporting the masonry veneer i,: flanges on both sides under stucco copings; under and at theI shall be designed to limit deflection to 1/600 of the ends of masonry, wood or metal copings and sills; continu span of the supporting members. ig • ously above projecting wood trim;at the intersection of exte- 4. The design of the wood construction shall consider 1 nor walls and porches and decks; at wall and roof intersec- the weight of the veneer plus any other loads. !`` tions with the step flashing method;and at built-in gutters. I.• 1405.5.2 Tolerances.Anchored masonry veneers in accor- 1,405.3.1 Exterior wall pockets. In exterior walls of dance with Chapter 14 are not required to meet the toler- ! 1 buildings or structures, wall pockets or crevices in which ances in Article 3.3 Cl of AC1 530.1/ASCE 6/TMS 602. 200o INTERNATIONAL BUILDING CODE® 267 I I 1503-1505.1 ROOF ASSEMBLIES.AND ROOFTOP STRUCTURES SECTION 1503 1504.3 Wind resistance of nonballasted roofs. Roof cover- WEATHER PROTECTION ings installed on roofs in accordance with Section 1507 that are mechanically attached or adhered to the roof deck shall 1503.1 General. Roof decks shall be covered with approved be designed to resist the design wind load pressures for roof coverings secured to the building or structure in accor- I dance with the provisions of this chapter. Roof coverings cladding in Chapter 16. shall be designed, installed and maintained in accordance with this code and the approved manufacturer's installation 1504.3.1 Other roof systems. Roof systems with built I instructions such that the roof covering shall serve to protect the building or structure. up, modified bitumen, fully adhered or mechanically attached single-ply through fastened metal panel roof sys- tems, and other types of membrane roof coverings shall I 1503.2 Flashing. Flashing shall be installed in such a man also be tested in accordance with FM 4450,FM 4470, UL ner as to prevent moisture entering the wall through the joints 580 or UL 1897. in the coping, through moisture-permeable material, at' inter- sections with the roof plane or at parapet wall penetrations. 1504.3.2 Metal panel roof systems.Metal panel roof sys- tems through fastened or standing seam shall be tested in 1503.2.1 Locations.Flashing shall be installed at wall and accordance with UL 580 or ASTM E 1592. roof intersections;at gutters; wherever there is a change in I roof slope or direction; and around roof openings. Where 1504.4 Ballasted low-slope roof systems. Ballasted low- flashing is of metal, the metal shall be corrosion resistant slope (roof slope < 2:12) single-ply roof system coverings with a thickness of not less than 0.019 inch (No. 26 gal - installed vanized sheet). installed in accordance with Section 1507 shall be designed in accordance with ANSI/RMA/SPRI RP-4. 1503.3 Coping. Parapet walls shall be properly coped with noncombustible, weatherproof materials of a width no less 1504.5 Physical properties.Roof coverings installed on low I than the thickness of the parapet wall. slope roofs (roof slope < 2:12) in accordance with Section 1507 shall demonstrate physical integrity over the working [P] 1503.4 Roof drainage. Design and installation of roof life of the roof based upon 2,000 hours of exposure to accel- Idrainage systems shall comply with the International erased weathering tests conducted in accordance with ASTM Plumbing Code. G23, ASTM G26 or ASTM G53. Those roof coverings that are subject to cyclical flexural response due to wind loads I 1503.4.1 Gutters. Gutters and leaders placed on the out- side of buildings, other than Group R-3 as applicable in shall not demonstrate any significant loss of tensile strength for unreinforced membranes or breaking strength for rein Section 101.2, private garages, and buildings of Type V construction, shall be of noncombustible material or a forced membranes when tested as herein required. I minimum of Schedule 40 plastic pipe. 1504.6 Impact resistance. Roof coverings installed on low- 1503.5 Roof ventilation. Intake and exhaust vents shall be slope roofs (roof slope < 2:12) in accordance with Section Iprovided in accordance with Section 1202.2 and the manu- 1507 shall resist impact damage based on the results of tests facturer's installation instructions. conducted in accordance with ASTM D 3746, ASTM D 4272, CGSB 37-GP-52M or FM 4470. I SECTION 1504 PERFORMANCE REQUIREMENTS SECTION 1505 FIRE CLASSIFICATION I 1504.1 Wind resistance of roofs. Roof decks and roof cov- erings shall be designed for wind loads in accordance with Chapter 16 and Sections 1504.2, 1504.3 and 1504.4. 1505.1 General. Roof assemblies shall be divided into the classes defined below. Class A, B and C roof assemblies and IException: Asphalt shingles shall be connected to the roof coverings required to be listed by this section shall be roof deck in accordance with Section 1507.2. tested in accordance with ASTM E 108 or UL 790. In addi- tion, fire-retardant-treated wood roof coverings shall be test- I 1504.2 Wind resistance of clay and concrete tile.Clay and ed in accordance with ASTM D 2898. The minimum roof concrete tile roof coverings shall be connected to the roof coverings installed on buildings shall comply with Table deck in accordance with Chapter 16. 1505.1 based on the type of construction of the building. I 276 2000 INTERNATIONAL BUILDING CODE® 1 ' NOTICE and ORDER of NEIGHBORHOOD SERVICES DIRECTOR ' TO: LA VERNE BUTTERFIELD LP 5150 OVERLAND AVENUE CULVER CITY CA 90230 1 NOTICE IS HEREBY GIVEN by the Director of Neighborhood Services of the City ' of North Richland Hills, Texas, that the building and premises located at 7600 Boulevard 26, North Richland Hills, Texas in Tarrant County situated upon the following described real property, to wit: Block A Lot 1 R Calloway Farm Addition North Richland Hills Texas ' Tarrant County On August 23, 2006 the building on the above referenced property was inspected ' and found to be a substandard building as defined in Chapter 98 of the Code of Ordinances Section 98-462 as adopted by the city of the City of North Richland Hills. The conditions of the building that render the building a substandard building are listed below. I. GENERAL CONDITIONS 1. Dilapidated, substandard, and/or unfit for human habitation and is a hazard to the public health, safety and welfare. NRH Code of Ordinances.Chapter 98-463(1) The structure is currently unfit for human occupation. At the minimum, there is no working plumbing and no power in addition to other issues within the structure. The escalator steps and some of the railing surrounding the escalator on the second floor have been removed. The building has multiple major roof leaks throughout, which have allowed the elements (including rain water) to enter the building. Several locations contain significant mold growths. 2. 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. NRH Code of Ordinances. Chapter 98-463(2) The property owner has made an attempt to secure the structure, but it could be inadequate to prevent unauthorized access. i Even though a fence surrounds the structure, the fence is not adequate to prevent entry. Not all rooftop access is secured in addition to the openinos for the HVAC units being left open after the removal of all units. There are indications that the structure could have been accessed. but no 'living quarters"were located during the inspection. 3. Means to secure the building are inadequate to prevent unauthorized entry or use of the building. NRH Code of Ordinances. Chapter 98-463 (3) (b) The property owner has made an attempt to secure the structure, but it is inadequate to prevent unauthorized access. Even though a fence surrounds the structure. the fence is not adequate to prevent entry. Not all rooftop access is secured in addition to the openings for the HVAC units being left open after the removal of all units. 1 I I III. INADEQUATE SANITATION 4. Lack of adequate heating facilities. NRH Substandard Building Ordinance,Section 5-71(b)6 There is no power to this property at this time which equates to no heating facilities. I 5. Lack of, or improper operation of required ventilation equipment. NRH Substandard Building Ordinance, Section 5-71(b)7 The power has been cut and no ventilation equipment is currently operational. 6. Lack of minimum amounts of natural light and ventilation required by city codes. NRH I Substandard Building Ordinance,Section 5-71(b)8 All heating, ventilation and air-conditioning units(HVAC) have been removed from the building. As a result. the building's temperature and humidity cannot be properly maintained, thereby contributing to the mold growth. 7. Lack of required electrical lighting. NRH Substandard Building Ordinance.Section 5-71(b)10 There is no power I at this location and no electrical lighting. 8. Dampness of habitable rooms. NRH Substandard Building Ordinance.Section 5-71(b)11 There is mold on the East. North and West exterior walls due to leaks. There is also standing water in/near the dock I area. Due to the extensive roof damage and the extent of inadequately protected roof openings, there are several areas that are damp(or have been damp) in nearly every portion of the building. 9. Infestation by insects, vermin or rodents. NRH Substandard Building Ordinance.Section 5-71(b)12 Evidence of I termites and rodent feces and carcasses were observed during the inspection. 1 O.General dilapidation or improper maintenance. NRH Substandard Building Ordinance, Section 5-71(b)13 There are visible holes in the walls and damaged flooring throughout the structure. in addition. there is a leak in/near the dock area and damaged walls in the dock area. The building is deteriorating due to I neglect and is not being properly maintained to resist the elements. 1 1.Lack of connection to required sewage disposal system. NRH Substandard Building Ordinance. Section 5- 71(b)14 Many sinks and toilets have been removed... III. STRUCTURAL HAZARDS 1 2.Defective or deteriorated flooring or supports. NRH Substandard Building Ordinance,Section 5-71(c)2 The I steps have been removed from the escalator creating a drop from the 2nd floor to the 1' floor. The railing around the opening has also been removed.... III. NUISANCE I 13.Buildings or portions thereof in which there exists any nuisance as defined by ordinance are deemed substandard buildings. NRH Substandard Building Ordinance,Section 5-71(d) 1. Railing was removed from the area around the escalator creating a condition which miaht be I a potential cause of personal injury to the occupants or the public. Section 34-33.1 2. Failure to maintain sanitary plumbing fixtures Section 34-33.5 3. Noxious/disagreeable odors repulsive to the physical senses Sec. 34-33.6 I 4. Permittino an accumulation of garbage, rubble, debris. Sec 34-33.9 5. There is a tremendous accumulation of garbage. trash, and debris throughout the mall including food waste and other putrescible waste, rubbish and rubble including building material waste as a result of demolition and decay found throughout. (NRH Code of I Ordinances Chapter 34. Article II. Public Nuisances) I IV. 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 the following: ' 14. Deteriorated, crumbing or loose plaster. NRH Substandard Building Ordinance,Section 5-71(h)1 Mold on East, North and West walls. 15. Deteriorated or ineffective waterproofing of exterior walls, roof, foundation or floors, I including broken windows or doors. NRH Substandard Building Ordinance,Section 5-71(h)2 Leak in roof/wall near East North and West walls. Visible opening at NE corner. The building's roof is in major need of repair. Holes, as well as openings. were observed throughout the entire building. These holes ' and openings allow excessive amounts of moisture into the building. The moisture has caused rotting and buckling of the interior flooring in the Foley's Department Store. V. FIRE HAZARD 16. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the chief of the fire department or the fire marshal, is in ' such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause shall be considered a substandard building. NRH Substandard Building Ordinance,Section 5-71(l) The building is in such a condition ' as to provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. There is demolition debris, boxes, carpet, lumber, trash. brush, refuse and other combustible materials throughout the building. All of which will add a fuel load to the building. The interior walls of the building have been exposed due to recent salvaging activities and have ' revealed an excess of wood partition framing wnich is not typically allowed by the building code. VI. HAZARDOUS OR INSANITARY PREMISES 17. The accumulation of weeds, vegetation,junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions on a premises constitutes a nuisance to be abated. NRH Substandard Building Ordinance,Section 5-71(k) ' There is a tremendous accumulation of garbage, trash, and debris throughout the mall including food waste and other putrescible waste. rubbish and rubble including building material waste as a result of demolition and decay. (NRH Code of Ordinances Chapter 34. Article Ii. Public Nuisances) ' VII. INADEQUATE FiRE PROTECTION OR FIRE-FIGHTING EQUIPMENT 18.Buildings or portions thereof shall be considered substandard when they are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by the codes of the city, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-restive integrity and fire- extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. NRH Substandard Building Ordinance.Section 5-71(m) The building's fire sprinkler system and alarm system have been deactivated and partially dismantled. There is excessive damage to the interior ' of the structure, inadequate security to the building, and the amount of combustible materials (lumber, carpeting, tile. paper, plastics. etc..) that cause the building to be a potential fire hazard. ' You are hereby ordered to bring the structure into compliance of the minimum standards: heating facilities, ventilation equipment, electrical wiring and fixtures and plumbing fixtures must be installed; the holes in the roof must be repaired; the roof covering system must be ' replaced; any infestation of insects, vermin or rodents must be treated; the visible holes in the walls and damaged flooring must be repaired; the hole in the floor where the escalator was located must be secured or the escalator and all related parts and railing must be reinstalled; the cause of any noxious odors must be removed/cleaned up; all garbage, rubble, trash and debris must be cleaned up; the fire sprinkler system and fire alarm system must be reinstalled and activated. A licensed contractor must secure any required ' permits, provide a detailed scope of work and timeframe for compliance and commence the required action within 15 days from the date of notice, or by October 17, 2006. Failure to comply with this notice and order, which requires all permits to be obtained, a scope of work and schedule submitted and approved by the Building Official, and work commencing within 15 days of receipt of this Notice of Order will result in this property being scheduled for hearing before the Substandard Building Board. If you choose to secure permits. I 1 submit an approved scope and schedule and begin the work within the prescribed time limits, no hearing before the Board will be scheduled, unless specific dates as identified on the scope and schedule are not met. However, should you halt work or otherwise not ' comply with this order, this matter will be scheduled for a hearing before the Board. If any required repair or demolition work is not commenced or completed within the time ' specified, Substandard Building Board proceedings will be commenced to have the building repaired, removed or demolished and the cost of such assessed as a charge ' against the land. DATED this 2th day of October, 2006 Jo/Ann Stout D(re1tor of Neighborhood Services 1 • 1 1\IRH 1 _ _ October 2, 2006 La Verne Butterfield LP 5150 Overland Avenue 1 Culver City, California 90230 On August 23, 2006, an inspection was conducted of the interior of North Hills Mall. Prior to my departure at approximately noon, I conducted an inspection from the food court area to 1 Mervyns which makes up about half of the mall. I observed the following fire code violations and general safety concerns: 1 1. Two roof hatches that were opened. 2. Numerous holes in the roof where A/C units had been removed (these openings are large enough to gain entry into the building) 3. Numerous piles of trash and debris that was not removed prior to when the sprinkler system was shut down. 4. Evidence that a large amount of combustibles have been placed in the shipping area of Mervyns. 1 5. Large amounts of wood storage units that were not been removed from Mervyns before the sprinkler system was shut down. 6. Large amounts of combustibles in Suites 700 and 900. 7. Graffiti on the walls in suite 900 indicate evidence of unauthorized entry, and 1 could result in the introduction of ignition sources. For the past two years the Fire Marshal's office has worked diligently with Mall personnel on 1 the operation or isolation of various portions of their fire alarm system and the eventual shutdown of the sprinkler system.There was an agreement made regarding the shutdown of the fire alarm monitoring system and the sprinkler system. The conditions that lead to this agreement were that there would not be any occupants left remaining in the mall, and the 1 demolition would begin as soon as the interior contents were auctioned. Based on my observations and the amount of combustibles remaining in the building, including their lack of ability to secure this facility from unauthorized entry from individuals, ' and the potential for a fire or unknown problems, this agreement was never met. To eliminate this fire hazard the following shall be accomplished: 1 1. The fire sprinkler system shall be returned to full operation within 60 days. 2. All plan reviews, testing and remote monitoring shall be approved by this office. 3. All trash and debris shall be removed within 15 days. 4. Fire alarm monitoring for the sprinkler system shall be reinstalled. 1 Should you have any questions regarding this matter, please do not hesitate to contact my office. 1 Sincerely, 4'4(041,461 1 Kirk M cum Assistant Chief/ Fire Marshal KM/Ij 0605047 1 ' Notice of Hearing City of North Richland Hills Substandard Building Board Notice is hereby given that a meeting of the City of North Richland Hills Substandard ' Building Board will be held at 2:00 p.m. on Thursday, November 30, 2006, at City Hall, 7301 NE Loop 820, North Richland Hills Texas. A public hearing will be held to consider action regarding the following substandard building(s) in accordance with the city's ' substandard building regulations, North Richland Hills Code of Ordinances Chapter 98: SBB 2006-05 7600 Boulevard 26 (aka: 7650 Boulevard 26), North Richland Hills TX 76180, legally described as Lot 1 R, Block A, Calloway Farm Addition, an addition to the City of North Richland Hills, Tarrant County. ' Said place and premises are owned and controlled by: La Verne Butterfield LP; 5150 Overland Avenue; Culver City CA 90230. ' Violations of city standards present at the building are as follows: ' I. GENERAL CONDITIONS 1. The structure is currently unfit for human occupation. At the minimum, there is no working plumbing and no power in addition to other issues within the structure. The escalator steps and some of the railing surrounding the escalator on the second floor have been removed. ' The building has multiple major roof leaks throughout, which have allowed the elements (including rain water) to enter the building. Several locations contain significant mold growths. 2. The property owner has made an attempt to secure the structure, but it is inadequate to prevent unauthorized access. Even though a fence surrounds the structure, the fence is not adequate to prevent entry. Not all rooftop access is secured throughout the attached ' structures. The building has major roof damage, including inadequately repaired roof openings where roof-top equipment was formerly located. There are indications that the structure could have been accessed, but no "living quarters" were located during the ' inspection. II. INADEQUATE SANITATION ' 3. There is no power to this property at this time which equates to no heating facilities. 4. The power has been cut and no ventilation equipment is currently operational. 5. All heating, ventilation and air-conditioning units (HVAC) have been removed from the ' building. As a result, the building's temperature and humidity cannot be properly maintained, thereby contributing to the mold growth. 6. There is no power at this location and no electrical lighting. 7. There is mold on the East, North and West exterior walls due to leaks. There is also ' standing water in/near the dock area. Due to the extensive roof damage and the extent of inadequately protected roof openings, there are several areas that are damp (or have been damp) in nearly every portion of the building. 8. Evidence of rodents including a carcass and feces were observed during the inspection. 9. There are visible holes in the walls and damaged flooring throughout the structure. In addition, there is a leak in/near the dock area and damaged walls in the dock area. The ' building is deteriorating due to neglect and is not being properly maintained to resist the elements. 10. Many sinks and toilets have been removed. II. STRUCTURAL HAZARDS 11.The steps have been removed from the escalator creating a drop from the 2nd floor to the 151 floor. The railing around the opening has also been removed. ' III. NUISANCE 12. a. Railing was removed from the area around the escalator creating a condition which might be a potential cause of personal injury to the occupants or the public. b. Failure to maintain sanitary plumbing fixtures. c. Noxious/disagreeable odors repulsive to the physical senses. ' d. Permitting an accumulation of garbage, rubble, debris. e. There is a tremendous accumulation of garbage, trash, and debris throughout the mall including food waste and other putrescible waste, rubbish and rubble including building material waste as a result of demolition and decay found throughout. IV. FAULTY WEATHER PROTECTION ' 13. Mold on East, North and West walls. 14. Leak in roof/wall near East, North and West walls. Visible opening at NE corner. The building's roof is in major need of repair. Holes, as well as openings, were observed t throughout the entire building. These holes and openings allow excessive amounts of moisture into the building. The moisture has caused rotting and buckling of the interior flooring in the Foley's Department Store. V. FIRE HAZARD 15. The building is in such a condition as to provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. There is demolition debris, boxes, carpet, lumber, trash, brush, refuse and other combustible materials throughout the building. All of which will add a fuel load to the building. The interior walls of the building have been exposed due to recent salvaging activities and have revealed an excess of ' wood partition framing which is not typically allowed by the building code. VI. HAZARDOUS OR INSANITARY PREMISES ' 16. There is a tremendous accumulation of garbage, trash, and debris throughout the mall including food waste and other putrescible waste, rubbish and rubble including building material waste as a result of demolition and decay. ' VII. INADEQUATE FIRE PROTECTION OR FIRE-FIGHTING EQUIPMENT 17. The building's fire sprinkler system and alarm system have been deactivated and partially dismantled. There is excessive damage to the interior of the structure, inadequate ' security to the building, and the amount of combustible materials (lumber, carpeting, tile, paper, plastics, etc.,) that cause the building to be a potential fire hazard. The board will determine whether the building complies with the standards set out in the ordinance and consider whether to uphold the Building Official and the Director of Neighborhood Services' order to repair or demolish the structure and remove all debris. In either case, if the ordered action is not taken within a reasonable time specified by the Board, the City will vacate, secure, remove, or demolish the building or relocate the I I I occupants of the building and levy the cost thereof as a special assessment against the property. I The owner and/or all parties having interest in such property will be required to submit proof of the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work. The Notice of Hearing is sent to the I property owner and all other parties with an interest, including a security interest, in this property. I Documentation of the conditions referred to above are on file with the Neighborhood Services Department, Code Enforcement Division at 7202 Dick Fisher Drive North, North Richland Hills, TX 76180. IAll interested persons may appear and be heard. I NEIGHBORHOOD SE-VICES DEPARTMENT ---- 817-427-6663 I i Ci4.6-1111Ak Jo • Stout, Neighborhood Services Director Given under my hand and seal of offs. i ay of 'ff O\ 2006. 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L_ 4- c E +J c Q L Q U M •(� I co < (s) a) u) a) j O C Q V N � � C .- O - U (� p up — co O "cn c " coCr) -Q }J O C (/) iCr) N cn T= +-' L- O O (n (6 C - c • N o 7cD,._ E a, E as cn C o -C �:47._ cn -O (13 > N > VCr) C N O Q -C C O L O A coco L O L_ j U -� u) O C -Q I � _.._. , -1= _ Q Q N 0) (6 Cl -o A t N co Cl) N C D O t� C C >, > +J - U O13 Z 1 1 I 1 NOTICE and ORDER of NEIGHBORHOOD SERVICES DIRECTOR I TO: TEX MALL L P C/O MICHAEL KEST 5150 OVERLAND AVENUE CULVER CITY CA 90230 II I NOTICE IS HEREBY GIVEN by the Director of Neighborhood services of the City of North Richland Hills, Texas, regarding the building and premises located at 7570 Boulevard 26, North Richland Hills, Texas in Tarrant County situated upon the following described real property, to wit: i Block B Lot 1 R Calloway Farm Addition North Richland Hills Texas Tarrant County On August 23, 2006 the building on the above referenced property was inspected fl and found to be a substandard building as defined in Chapter 98 of the Code of Ordinances Section 98-462 as adopted by the city of the City of North Richland Hills. The conditions of the building that render the building a substandard building are listed below. 1 I. GENERAL CONDITIONS 1. Dilapidated, substandard, and/or unfit for human habitation and is a hazard to the public health, safety and welfare. NRH Code of Ordinances,Chapter 98-463(1) The structure is currently unfit for human occupation. At the minimum, there is no working plumbing and no power in addition to other issues within the structure. The building has multiple major roof leaks al throughout which have allowed the elements (including rain water) to enter the building. Several locations, including the former Foot Action USA, Lane Bryant. and the movie theater contain significant mold growths. al 2. 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. NRH Code of Ordinances, Chapter 98-463(2) The property owner has al made an attempt to secure the structure, but it could be inadequate to prevent unauthorized access. Even though a fence surrounds the structure, is not adequate to prevent entry. Not all rooftop access is secured in addition to the openings for the 1 HVAC units being left open after the removal of all units. There are indications that the structure could have been accessed. but no "living quarters" were located during the inspection. The building has major roof damage, including roof openings where rooftop ,.i equipment was formerly located. holes, and unsecured roof hatches that can allow i unauthorized access to the building. An open. unlocked roof hatch was found in the Movie Theater along with multiple holes/access points on the roof over the theaters. 3. Means to secure the building are inadequate to prevent unauthorized entry or use of the 7 building. NRH Code of Ordinances. Chapter 98-463(3)(b) The property owner has made an attempt to secure the structure, but it is not adequate to prevent entry. Even though a fence surrounds the structure, the fence can be breached. Not all rooftop access is secured 1 n I in addition to the openings for the HVAC units being left open after the removal of all I units. II. INADEQUATE SANITATION I 4. Lack of adequate heating facilities. NRH Substandard Building Ordinance,Section 5-71(b)6 There is no power to this property at this time therefore no operational heating facilities. 5. Lack of, or improper operation of required ventilation equipment. NRH Substandard Building Ordinance,Section 5-71(b)7 The power has been cut off and no ventilation equipment is currently I operational. 6. Lack of minimum amounts of natural light and ventilation required by city codes. NRH I Substandard Building Ordinance,Section 5-71(b)8 All heating, ventilation and air-conditioning units(HVAC) have been removed from the building. As a result. the building's temperature and humidity cannot be properly maintained. thereby contributing to the mold growth. 7. Lack of required electrical lighting. NRH Substandard Building Ordinance,Section 5-71(b)10 There is no g • power at this location and no electrical lighting. 8. Dampness of habitable rooms. NRH Substandard Building Ordinance, Section 5-71(b)11 Due to the extensive roof damage and the extent of inadequately protected roof openings, there are several areas I that are damp (or have been damp) in nearly every portion of the building. Areas include. but are not limited to the former Foot Action USA. Lane Bryant. "The 5.7, & 9"Store. Regis. Pearl Vision Center, Artisan Theater, Foot Locker. Bag & Baggage, the food court and the former movie theater. I9. Infestation by insects, vermin or rodents. NRH Substandard Building Ordinance,Section 5-71(b)12 Dead rodents were found primarily in the food court area. Rodent feces was found primarily in the food court area, but it was throughout this structure. Evidence of termites and rodents were I observed during the inspection. Rat feces and carcasses as well as raccoon and/or opossum feces and carcasses were observed throughout the building including, but not limited to. the Food Court, Pearl Vision Center, Regis. Tis the Season. and the movie theater. 10. General dilapidation or improper maintenance. NRH Substandard Building Ordinance, Section 5-71(b)13 I There are holes in the roof that have remained unrepaired in excess of 18 months (2 years in October 2006). There are damaged walls and flooring throuahout. As evidenced in the photographic support documentation, the building is deteriorating due to neglect and is not being Iproperly maintained to resist the elements. 1 1. Lack of connection to required sewage disposal system. NRH Substandard Building Ordinance,Section 5-71(b)14 Many sinks and toilets have been removed... IIII. STRUCTURAL HAZARDS 12. Walls or other vertical supports that split, lean, list or buckle due to defective materials I or deterioration. NRH Substandard Building Ordinance,Section 5-71(c)4 Walls have been damaged throughout the building where they have been partially removed. These areas include large openings in a CMU wall near the leasing office and the west electrical room which are not adequately supported by an appropriate lintel to carry the weight of the CMU's above the opening. A I structural column located in the exit passageway behind the 'Regis"store is approximately 8 to 12 inches out of plumb and needs to be assessed by a structural engineer. 13. Ceilings, roofs, or supports that sag, split or buckle, due to defective material or deterioration. NRH Substandard Building Ordinance,Section 5-71(c)6 Metal object appears to have fallen into rear area of a suite during HVAC removal...Hole has not been repaired in addition d>fi similar holes throughout. on to multiple IIV. NUISANCE 14. Buildings or portions thereof in which there exists any nuisance as defined by ordinance are deemed substandard buildings. NRH Substandard Building Ordinance,Section 5-71(d) 1. Ceiling Grids hanging within suites are sham protrusions Section 34-33.1 2. Failure to maintain sanitary plumbing fixtures Section 34-33.5 3. Noxious/disagreeable odors repulsive to the physical senses Sec. 34-33.6 I 1 I I 4. Permitting an accumulation of garbage, rubble, debris. Sec 34-33.9 5. Permitting the carcass of a dead animal to remain on the premises for a period of time exceedina 18 hours after the death of the animal. 6. Maintaining graffiti on private structure located on private property. Sec 34-33.24) 7. There is a tremendous accumulation of garbage. trash. and debris throughout the mall including food waste and other putrescible waste. including the Food Court, and the Movie Theater. There is rubbish and rubble including building material waste as a result of demolition and decay found throughout the mall. This has created ideal harborage conditions for rodents, insects. and other animals such as opossums and possibly raccoons. (NRH Code of Ordinances Chapter 34. Article 11. Public Nuisances) I V. HAZARDOUS ELECTRICAL WIRING 15 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 I accepted construction practices in areas 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. NRH Substandard Building Ordinance,Section 5-71(e) Power cut off, but there I are wires exposed throughout the structure which would not meet the code. VI. FAULTY WEATHER PROTECTION I Buildings or portions thereof shall be considered substandard when they have faulty weather protection which shall include but not be limited to the following: 16. Deteriorated or ineffective waterproofing of exterior walls, roof, foundation or floors, I including broken windows or doors. NRH Substandard Building Ordinance.Section 5-71(h)2 HVAC unit holes left uncovered on roof, roof hatches left open & leak on east wall. The building's roof is in major need of repair. Holes. as well as openings, were observed throughout the entire building. These holes and openings allow excessive amounts of moisture into the building. I 17. Broken, rotted, missing, split or buckled exterior walls or wall coverings or roof coverings. NRH Substandard Building Ordinance,Section 5-71(h)4 Mold on East wall at Or near Ste 100. The building's roof covering system is broken and rotting throughout the entire roof due to 1 deterioration by the sun and lack of maintenance. VII. FiRE HAZARD ' 18. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the chief of the fire department or the fire marshal, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment 1 the spread and intensity of fire or explosion arising from any cause shall be considered a substandard building. NRH Substandard Building Ordinance,Section 5-71(i) The building is in such a condition as to provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. There is demolition debris. boxes. carnet. lumber, trash, brush. refuse I and other combustible materials throughout the building. All of which will add a fuel load to the building. The interior walls of the buildina have been exposed due to recent salvaging activities and have revealed an excess of wood partition framing which is not typically allowed by the Ibuilding code. VIII. HAZARDOUS OR INSANITARY PREMISES I 19. The accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions on a premises constitutes a nuisance to be abated. NRH Substandard Building Ordinance. Section 5-71(k) There is a tremendous accumulation of garbage, trash, and debris throughout the I mall including food waste and other putrescible waste, including the Food Court. and the Movie Theater. There is rubbish and rubble including building material waste as a result of demolition and decay found throughout the mall. This has created ideal harborage conditions for rodents, 1 1 insects. and other animals such as opossums and possibly raccoons. (NRH Code of Ordinances Chapter 34. Article II. Public Nuisances) XI. INADEQUATE FIRE PROTECTION OR FIRE-FIGHTING EQUIPMENT 20. Buildings or portions thereof shall be considered substandard when they are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by the codes of the city, except those buildings or portions thereof which conformed with ail applicable laws at the time of their construction and whose fire- restive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. NRH Substandard Building Ordinance,Section 5-711m) The building's fire sprinkler system and alarm system have been deactivated and partially dismantled without authorization by the building official. There is excessive damage to the interior of the structure. inadequate security to the building. and the amount of combustible materials (lumber. carpeting, tile, paper, plastics, etc.) that cause the building to be a potential fire hazard. The systems must be returned to their operational status. You are hereby ordered to bring the structure into compliance of the minimum standards: heating facilities, ventilation equipment, electrical wiring and fixtures and plumbing fixtures must be installed; the holes in the roof must be repaired; the roof covering system must be replaced; any infestation of insects, vermin or rodents must be treated; all damaged walls and columns must be repaired; the falling ceiling grids must be removed or reinstalled; the cause of any noxious odors must be cleaned up or removed; the trash, rubble and debris in the structure must be removed, all animal carcasses must be removed from the premises; the graffiti must be removed; the fire sprinkler and alarm systems must be reinstalled and activated. A licensed contractor must secure any required permits, provide a detailed scope of work and timeframe for compliance and commence the required action within 15 days from the date of notice, or by October 17, 2006. Failure to comply with this notice and order, which requires all permits to be obtained, a scope of work and schedule submitted and approved by the Building Official, and work commencing within 15 days of receipt of this Notice of Order will result in this property being scheduled for hearing before 11 the Substandard Building Board. If you choose to secure permits, submit an approved scope and schedule and begin the work within the prescribed time limits, no hearing before the Board will be scheduled, unless specific dates as identified on the scope and schedule are not met. However, should you halt work or otherwise not comply with this order, this matter will be scheduled for a hearing before the Board. ri If any required repair or demolition work is not commenced or completed within the time specified, Substandard Building Board proceedings will be commenced to have the building repaired, removed or demolished and the cost of such assessed as a charge against the land. DATED this 2th day of October, 2006 Jo n Stout Di ec or of Neighborhood Services fl NR1-I - - _ _ ii October 2, 2006 Michael Kest Tex Mall LP 5150 Overland Avenue Culver City, California 90230 On August 23, 2006, an inspection was conducted of the interior of North Hills Mall. Prior to my departure at approximately noon, I conducted an inspection from the food court area to Mervyns which makes up about half of the mall. I observed the following fire code violations and general safety concerns: 11 1. Two roof hatches that were opened. 2. Numerous holes in the roof where A/C units had been removed (these openings are large enough to gain entry into the building) 3. Numerous piles of trash and debris that was not removed prior to when the sprinkler system was shut down. 4. Evidence that a large amount of combustibles have been placed in the shipping area of Mervyns. 5. Large amounts of wood storage units that were not been removed from Mervyns before the sprinkler system was shut down. 6. Large amounts of combustibles in Suites 700 and 900. 7. Graffiti on the walls in suite 900 indicate evidence of unauthorized entry, and could result in the introduction of ignition sources. For the past two years the Fire Marshal's office has worked diligently with Mall personnel on the operation or isolation of various portions of their fire alarm system and the eventual shutdown of the sprinkler system. There was an agreement made regarding the shutdown of the fire alarm monitoring system and the sprinkler system. The conditions that lead to this agreement were that there would not be any occupants left remaining in the mall, and the demolition would begin as soon as the interior contents were auctioned. Based on my observations and the amount of combustibles remaining in the building, including their lack of ability to secure this facility from unauthorized entry from individuals, and the potential for a fire or unknown problems, this agreement was never met. To eliminate this fire hazard the following shall be accomplished: 1. The fire sprinkler system shall be returned to full operation within 60 days. 2. All plan reviews, testing and remote monitoring shall be approved by this office. 3. All trash and debris shall be removed within 15 days. 4. Fire alarm monitoring for the sprinkler system shall be reinstalled. z Should you have any questions regarding this matter, please do not hesitate to contact my office. Sincerely, iff 444 , Kirk Marcum Assistant Chief/ Fire Marshal 71 KM/Ij 1 0605048 Notice of Hearing City of North Richland Hills Substandard Building Board Notice is hereby given that a meeting of the City of North Richland Hills Substandard Building Board will be held at 2:00 p.m. on Thursday, November 30, 2006, at City Hall, 7301 NE Loop — 820, North Richland Hills Texas. A public hearing will be held to consider action regarding the following substandard building(s) in accordance with the city's substandard building regulations, North Richland Hills Code of Ordinances Chapter 98: SBB 2006-06 7570 Boulevard 26 (aka: 7624 Boulevard 26), North Richland Hills TX 76180, legally described as Lot 1R, Block B, Calloway Farm Addition, an addition to the City of North Richland Hills, Tarrant County. Said place and premises are owned and controlled by: Tex Mall LP; C/O Michael Kest; 5150 Overland Avenue; Culver City CA 90230. Special Warranty Deed list North Hills Creek Mall, L.P. as Grantee. Violations of city standards present at the building are as follows: I. GENERAL CONDITIONS 1. The structure is currently unfit for human occupation. At the minimum, there is no working plumbing and no power in addition to other issues within the structure. The building has multiple major roof leaks throughout which have allowed the elements (including rain water) to enter the building. Several locations, including the former Foot Action USA, Lane Bryant, and the movie theater contain significant mold growths. 2. The property owner has made an attempt to secure the structure, but it is inadequate to prevent unauthorized access. Even though a fence surrounds the structure, it is not adequate to prevent entry. Not all rooftop access is secured. There are indications that the structure could have been accessed, but no "living quarters" were located during the inspection. The building has major roof damage, including inadequately repaired roof openings where rooftop equipment was formerly located, holes, and unsecured roof hatches that can allow unauthorized access to the building. II. INADEQUATE SANITATION 3. There is no power to this property at this time therefore no operational heating facilities. 4. The power has been cut off and no ventilation equipment is currently operational. 5. All heating, ventilation and air-conditioning units (HVAC) have been removed from the building. As a result, the building's temperature and humidity cannot be properly maintained, thereby contributing to the mold growth. 6. There is no power at this location and no electrical lighting. 7. Due to the extensive roof damage and the extent of inadequately protected roof openings, there are several areas that are damp (or have been damp) in nearly every portion of the building. Areas include, but are not limited to the former Foot Action USA, Lane Bryant, "The 5, 7, & 9" Store, Regis, Pearl Vision Center, Artisan Theater, Foot Locker, Bag & Baggage, the food court and the former movie theater. 8. Dead rodents were found primarily in the food court area. Rodent feces were found in the food court area and throughout this structure. Evidence of termites and rodents were observed during the inspection. Rodent feces and carcasses as well as wild animal feces were observed throughout the building including, but not limited to, the Food Court, Pearl Vision Center, Regis, Tis the Season, and the movie theater. 9. The holes in the roof were inadequately repaired. There are damaged walls and flooring throughout. The building is deteriorating due to neglect and is not being properly maintained to resist the elements. 10. Many sinks and toilets have been removed. III. STRUCTURAL HAZARDS 11. Walls have been damaged throughout the building where they have been partially removed. These areas include large openings in a CMU wall near the leasing office and the west electrical room which are not adequately supported by an appropriate lintel to carry the weight of the CMU's above the opening. A structural column located in the exit passageway behind the "Regis" store is approximately 8 to 12 inches out of plumb and needs to be assessed by a structural engineer. 12. Metal object appears to have fallen into rear area of a suite during HVAC removal...Hole has not been repaired in addition to multiple similar holes throughout. IV. NUISANCE 13. 1. Broken glass/mirrors and ceiling grids hanging within suites have sharp protrusions. 2. Failure to maintain sanitary plumbing fixtures. 3. Noxious /disagreeable odors repulsive to the physical senses. 4. Permitting an accumulation of garbage, rubble, debris. 5. Permitting the carcass of a dead animal to remain on the premises for a period of time exceeding 18 hours after the death of the animal. 6. Maintaining graffiti on private structure located on private property. 7. There is a tremendous accumulation of garbage, trash, and debris throughout the structure including food waste and other putrescible waste, including the Food Court, and the Movie Theater. There is rubbish and rubble including building material waste as a result of demolition and decay found throughout the structure. This has created ideal harborage conditions for rodents, insects, and other wild animals. V. HAZARDOUS ELECTRICAL WIRING 14 Power cut off, but there are wires exposed throughout the structure which would not meet the code. VI. FAULTY WEATHER PROTECTION 15. HVAC unit holes which were inadequately covered to prevent leakage on roof and leak on east wall. The building's roof is in major need of repair. Holes, as well as openings, were observed throughout the entire building. These holes and openings allow excessive amounts of moisture into the building. 16. Mold on East wall at or near Ste 100. The building's roof covering system is broken and rotting throughout the entire roof due to deterioration by the sun and lack of maintenance. Vii. FIRE HAZARD 17. The building is in such a condition as to provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. There is demolition debris, boxes, carpet, lumber, trash, brush, refuse and other combustible materials throughout the building. All of which will add a fuel load to the building. The interior walls of the building have been exposed due to previous salvaging activities and have revealed an excess of wood partition framing which is not typically allowed by the building code. I VIII. HAZARDOUS OR INSANITARY PREMISES 18. There is a tremendous accumulation of garbage, trash, and debris throughout the structure ' including food waste and other putrescible waste, including the Food Court, and the Movie Theater. There is rubbish and rubble including building material waste as a result of demolition and decay found throughout the structure. This has created ideal harborage conditions for rodents, insects, and wild animals. XI. INADEQUATE FIRE PROTECTION OR FIRE-FIGHTING EQUIPMENT 19. The building's fire sprinkler system and alarm system have been deactivated and partially dismantled. There is excessive damage to the interior of the structure, inadequate security to the building, and the amount of combustible materials (lumber, carpeting, tile, paper, plastics, etc.) that cause the building to be a potential fire hazard. The board will determine whether the building complies with the standards set out in the ordinance and consider whether to uphold the Building Official and the Director of 11 Neighborhood Services' order to repair or demolish the structure and remove all debris. In either case, if the ordered action is not taken within a reasonable time specified by the Board, I the City will vacate, secure, remove, or demolish the building or relocate the occupants of the building and levy the cost thereof as a special assessment against the property. I The owner and/or all parties having interest in such property will be required to submit proof of the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work. The Notice of Hearing is sent to the property owner 1 and all other parties with an interest, including a security interest, in this property. Documentation of the conditions referred to above are on file with the Neighborhood Services IDepartment, Code Enforcement Division at 7202 Dick Fisher Drive North, North Richland Hills, TX 76180. IAll interested persons may appear and be heard. NEIGHBORHOOD SERVICES DEPARTMENT --- 817-427-6663 I 61TIA) Jo : Stout, Neighborhood Services Director Given under myhand and seal of o = a of ���(\(112 A 2006. Y S/Notary�lic, State of Texas 1 TIFFANY INAY Notary Public,State of Texas My Commission Expires•�• I 1` k GA\March 10,2008 111 ' Printed Name r1�My Commission Expires:\ `Y'� I ,.�LUG I CO N N * } B 7 L Co > • • > Q o < o m m \ o d- ter{ (1:) ,,,....„,,,.. in 1 . t r,... fix. ,.. . , ____._„ ,,ti_,r ! F r.„. a. ,,,,,,-„:117, , 4 P ,..„ F.:,„,,-,,,,,„„, � a)I j ,. „.. T 0 CO Y 2 (311) [.... :4..., (73 + � ® .}tea .. co 2 c,... __� irs ,,.r r , ..` ( , �' }, V 1:--ell!.-4FOitli 0 .$y? f W .... 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',? -• [:., ' --7 i',- 0 D > °) ,41 C Y� jr:z k T IO "4, hiii.,, < :::-.,s,"','Si - .' r= ,• 'Tom " N O (� — In - - i r� - - 1 .-ni } U i U) if I it, r t j, t. i f fi /) o 'er O O it I • ViIk‘ '' ''''' m-''''' / ' _C 00 E E m _ N0 y� � U O (3 0) +r (/) Q ill 111 la n n NOTICE and ORDER of NEIGHBORHOOD SERVICES DIRECTOR 11 TO: TEX MERV L P ATTN: RENE DAVIS 5150 OVERLAND AVENUE CULVER CITY CA 90230 NOTICE IS HEREBY GIVEN by the Director of Neighborhood Services of the City of North Richland Hills, Texas, regarding the building and premises located at 7600 Boulevard 26, North Richland Hills, Texas in Tarrant County situated upon the following described real property, to wit: Block C Lot 1R Calloway Farm Addition North Richland Hills Texas 11 Tarrant County On August 23, 2006 the building on the above referenced property was inspected and found to be a substandard building as defined in Chapter 98 of the Code of Ordinances Section 98-462 as adopted by the city of the City of North Richland Hills. The conditions of the building that render the building a substandard building are listed below. flI. GENERAL CONDITIONS 1. Dilapidated, substandard, and/or unfit for human habitation and is a hazard to the public health, safety and welfare. NRH Code of Ordinances.Chapter 98-463(1) The structure is currently unfit for human occupation. At the minimum, there is no workina plumbing and no power in addition to other issues within the structure. 2. 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. NRH Code of Ordinances. Chapter 98-463(2) The property owner has made an attempt to secure the structure, but it is inadequate to prevent unauthorized access. Even though a fence surrounds the structure. the fence is not adequate to prevent entry. Not all rooftop access is secured in addition to the openings for the HVAC units being left open after the removal of all units. There are indications that the structure could have been accessed, but no "living quarters" were located during the inspection. 3. Means to secure the building are inadequate to prevent unauthorized entry or use of the building. NRH Code of Ordinances.Chapter 98-463(3)(b) The property owner has made an attempt to secure the structure, but it is inadequate to prevent unauthorized access. Even though a fence surrounds the structure. the fence is not adequate to prevent entry. Not all rooftop access is secured in addition to the openings for the HVAC units being left open after the removal of all units. There are stairs leading to from the 2nd floor to a roof access which is unsecured/open. II. INADEQUATE SANITATION 4. Lack of adequate heating facilities. NRH Substandard Building Ordinance,Section 5-71(b)6 There is no power to this property at this time which equates to no heating facilities. n n n 5. Lack of, or improper operation of required ventilation equipment. NRH Substandard Building Ordinance. Section 5-71(b)7 The power has been cut and no ventilation equipment is currently operational. 6. Lack of minimum amounts of natural light and ventilation required by city codes. NRH Substandard Building Ordinance.Section 5-71(b)8 All heating, ventilation and air-conditioning units (HVAC) have been removed from the building. As a result. the building's temperature and humidity cannot be properly maintained, thereby contributing to the mold growth. 7. Lack of required electrical lighting. NRH Substandard Building Ordinance.Section 5-71(b)10 There is no power at this location and no electrical lighting. 8. infestation by insects, vermin or rodents. NRH Substandard Building Ordinance,Section 5-71(b)12 Animal n feces was found on the second floor and a dead opossum was found at the bottom of the elevator shaft. 9. General dilapidation or improper maintenance. NRH Substandard Building Ordinance, Section 5-71(b)13 There are damaged walls and flooring throughout. The elevator shaft is open at the 2nd floor. The 2nd floor has a large hole in the wall where there is no railing in place to prevent a person from falling to the 1st floor. fl 10. Lack of connection to required sewage disposal system. NRH Substandard Building Ordinance.Section 571(b)14 The sinks and toilets have been removed... III. STRUCTURAL HAZARDS 11. Ceilings, roofs, or supports that sag, split or buckle, due to defective material or deterioration. NRH Substandard Building Ordinance,Section 5-71(c)6 n IV. NUISANCE 12. Buildings or portions thereof in which there exists any nuisance as defined by ordinance are deemed substandard buildings. NRH Substandard Building Ordinance,Section 5-71(d) 1. Failure to maintain sanitary plumbing fixtures Section 34-33.5 11 2. Noxious/disagreeable odors repulsive to the physical senses Sec. 34-33.6 3. Permitting an accumulation of garbage, rubble, debris... Sec 34-33.9 4. Permitting the carcass of a dead animal to remain on the premises for a period of time 71 exceeding 18 hours after the death of the animal. V. HAZARDOUS ELECTRICAL WIRING il 13. 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 where no codes were in effect or which has 11 not been maintained in good condition or which is not being used in a safe manner shall be considered substandard. NRH Substandard Building Ordinance,Section 5-71(e) Power cut off, but there are wires exposed throughout the structure which would not meet code. IVI. 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 the following: n 14. Broken, rotted, missing, split or buckled exterior walls or wall coverings or roof coverings. NRH Substandard Building Ordinance,Section 5-71(h)4 The building's roof covering system is broken and rotting throughout the entire roof due to deterioration by the sun and lack of fl maintenance. 15. Other Open roof hatch from 2nd floor. VII. INADEQUATE FIRE PROTECTION OR FIRE-FIGHTING EQUIPMENT 16. Buildings or portions thereof shall be considered substandard when they are not provided with the fire-resistive construction or fire-extinguishing systems or equipment nrequired by the codes of the city, except those buildings or portions thereof which n n 11 conformed with all applicable laws at the time of their construction and whose fire- restive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. NRH Substandard Building Ordinance.Section 5-71(m) The buildino s fire sprinkler system and alarm system has been deactivated and partially dismantled. There is excessive damage to the interior of the structure, inadequate security to the building, and the amount of combustible materials (lumber. carpeting. tile. paper. plastics. etc.). that cause the building to be a potential fire hazard. You are hereby ordered to bring the structure into compliance of the minimum standards: heating facilities, ventilation equipment, electrical wiring and fixtures and plumbing fixtures must be installed; the roof covering system must be replaced; any infestation of insects, vermin or rodents must be treated; all animal carcasses must be removed from the 11 premises; and the fire sprinkler system and fire alarm system must be reinstalled and activated. A licensed contractor must secure any required permits, provide a detailed scope of work and timeframe for compliance and commence the required action within 15 days from the date of notice, or by October 17, 2006. Failure to comply with this notice and order, which requires all permits to be obtained, a scope of work and schedule submitted and approved by the Building Official, and work commencing within 15 days of receipt of w this Notice of Order will result in this property being scheduled for hearing before the Substandard Building Board. If you choose to secure permits, submit an approved scope and schedule and begin the work within the prescribed time limits, no hearing before the Board will be scheduled, unless specific dates as identified on the scope and schedule are not met. However, should you halt work or otherwise not comply with this order, this matter will be scheduled for a hearing before the Board. If any required repair or demolition work is not commenced or completed within the time specified, Substandard Building Board proceedings will be commenced to have the building repaired, removed or demolished and the cost of such assessed as a charge against the land. DATED this 2th day of October, 2006 11 Jo n Stout D re for of Neighborhood Services fl n E1 I FRi-I -... _ _ _ October 2, 2006 Rene Davis Tex Mery LP 5150 Overland Avenue Culver City, California 90230 On August 23, 2006, an inspection was conducted of the interior of North Hills Mall. Prior to ' my departure at approximately noon, I conducted an inspection from the food court area to Mervyns which makes up about half of the mall. I observed the following fire code violations and general safety concerns: ' 1. Two roof hatches that were opened. 2. Numerous holes in the roof where A/C units had been removed (these openings are large enough to gain entry into the building) 3. Numerous piles of trash and debris that was not removed prior to when the sprinkler system was shut down. 4. Evidence that a large amount of combustibles have been placed in the shipping ' area of Mervyns. 5. Large amounts of wood storage units that were not been removed from Mervyns before the sprinkler system was shut down. 6. Large amounts of combustibles in Suites 700 and 900. 7. Graffiti on the walls in suite 900 indicate evidence of unauthorized entry, and could result in the introduction of ignition sources. For the past two years the Fire Marshal's office has worked diligently with Mall personnel on the operation or isolation of various portions of their fire alarm system and the eventual shutdown of the sprinkler system. There was an agreement made regarding the shutdown of the fire alarm monitoring system and the sprinkler system. The conditions that lead to this ' agreement were that there would not be any occupants left remaining in the mall, and the demolition would begin as soon as the interior contents were auctioned. Based on my observations and the amount of combustibles remaining in the building, including their lack of ability to secure this facility from unauthorized entry from individuals, and the potential for a fire or unknown problems, this agreement was never met. To eliminate this fire hazard the following shall be accomplished: 1. The fire sprinkler system shall be returned to full operation within 60 days. 2. All plan reviews, testing and remote monitoring shall be approved by this office. 3. All trash and debris shall be removed within 15 days. 4. Fire alarm monitoring for the sprinkler system shall be reinstalled. Should you have any questions regarding this matter, please do not hesitate to contact my I office. Sincerely, Kirk Marcum Assistant Chief/ Fire Marshal KM/Ij 0605049 I Notice of Hearing City of North Richland Hills Substandard Building Board Notice is hereby given that a meeting of the City of North Richland Hills Substandard Building Board will be held at 2:00 p.m. on Thursday, November 30, 2006, at City Hall, 7301 NE Loop 820, North Richland Hills Texas. A public hearing will be held to consider action regarding the following substandard building(s) in accordance with the city's substandard building regulations, North Richland Hills Code of Ordinances Chapter 98: SBB 2006-07 7600 Boulevard 26, North Richland Hills TX 76180, legally described as Lot 1 R, Block C, Calloway Farm Addition, an addition to the City of North Richland Hills, Tarrant County. Said place and premises are owned and controlled by: Tex Mery LP; Attn Rene Davis; 5150 Overland Avenue; Culver City CA 90230. Special Warranty Deed: Tex Merv, LP; Attn: Michael Kest; 5150 Overland Avenue; Culver City, California 90230. Violations of city standards present at the building are as follows: I. GENERAL CONDITIONS 1. The structure is currently unfit for human occupation. At the minimum, there is no working plumbing and no power in addition to other issues within the structure. El 2. The property owner has made an attempt to secure the structure, but it is inadequate to prevent unauthorized access. Even though a fence surrounds the structure, the fence is not adequate to prevent entry. Not all rooftop access is secured. There are indications that the structure could have been accessed, but no "living quarters" were 11 located during the inspection. There are stairs leading to from the 2nd floor to a roof access which is unsecured/open. 11 II. INADEQUATE SANITATION 3. There is no power to this property at this time which equates to no heating facilities. 4. The power has been cut and no ventilation equipment is currently operational. 5. All heating, ventilation and air-conditioning units (HVAC) have been removed from the building. As a result, the building's temperature and humidity cannot be properly maintained, thereby contributing to the mold growth. 6. There is no power at this location and no electrical lighting. 7. Animal feces were found on the second floor and a dead opossum was found at the bottom of the elevator shaft. 8. There are damaged walls and flooring throughout. The elevator shaft is open at the 2`"' floor. The 2nd floor has a large hole in the wall where there is no railing in place to prevent a person from falling to the 1st floor. 9. The sinks and toilets have been removed. III. NUISANCE 10. a. Failure to maintain sanitary plumbing fixtures. b. Noxious /disagreeable odors repulsive to the physical senses. c. Permitting an accumulation of garbage, rubble, debris. d. Permitting the carcass of a dead animal to remain on the premises for a period of time exceeding 18 hours after the death of the animal. r 9 IV. HAZARDOUS ELECTRICAL WIRING 11. Power cut off, but there are wires exposed throughout the structure which would not meet code. V. FAULTY WEATHER PROTECTION 12. The building's roof covering system is broken and rotting throughout the entire roof due to deterioration by the sun and lack of maintenance. 13. Open roof hatch from 2'd floor by stairwell. VI. INADEQUATE FIRE PROTECTION OR FIRE-FIGHTING EQUIPMENT 14. The building's fire sprinkler system and alarm system has been deactivated and partially dismantled. There is excessive damage to the interior of the structure, inadequate security to the building, and the amount of combustible materials (lumber, carpeting, tile, paper, plastics, etc.), that cause the building to be a potential fire hazard. The board will determine whether the building complies with the standards set out in the ordinance and consider whether to uphold the Building Official and the Director of Neighborhood Services' order to repair or demolish the structure and remove all debris. In either case, if the ordered action is not taken within a reasonable time specified by the Board, the City will vacate, secure, remove, or demolish the building or relocate the occupants of the building and levy the cost thereof as a special assessment against the property. The owner and/or all parties having interest in such property will be required to submit proof of the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work. The Notice of Hearing is sent to the property owner and all other parties with an interest, including a security interest, in this 11 property. Documentation of the conditions referred to above are on file with the Neighborhood Services Department, Code Enforcement Division at 7202 Dick Fisher Drive North, North Richland Hills, TX 76180. All interested persons may appear and be heard. NEIGHBORHOOD SERVICES DEPARTMENT --- 817-427-6663 Xhirlokt. Jo A n Stout, Neighborhood Services Director Given under my hand and seal of o '-14 day of'RC rnl i 2006. _),AA .tf\LA Dal S/Notary lc, State of Texas :+� TIFFANY INAY c Notai i Public,State of Texas �T My Commission Expires anV j k__; Printed Name MyExpires: Commission M --)ti II 1. ^i • .! S f• M4 3 � i s ` • lit 0 y • s Ss � (U.) WN a; ....,„„,, :, . ,,,,,, . __..„.,_ , .._ ,_ . ,....„.., .,, • _ �,, ,, , . 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(3 O - 3 U > N t }, to O ' r U QA § O I 0 O a) � -c Z .5 4O I I I ■ NOTICE and ORDER I of NEIGHBORHOOD SERVICES DIRECTOR I TO: TEXMERVLP 1 % MICHAEL KEST 5150 OVERLAND AVENUE CULVER CITY CA 90230 ri NOTICE IS HEREBY GIVEN by the Director of Neighborhood services of the City of North Richland Hills, Texas, regarding the building and premises located at 7550 Boulevard 26, North Richland Hills, Texas in Tarrant County situated upon the following described real property, to wit: Block D Lot 1R Calloway Farm Addition North Richland Hills Texas ITarrant County On August 23, 2006 the building on the above referenced property was inspected and found to be a substandard building as defined in Chapter 98 of the Code of I Ordinances Section 98-462 as adopted by the city of the City of North Richland Hills. The conditions of the building that render the building a substandard building are listed below. II. GENERAL CONDITIONS 1. Dilapidated, substandard, and/or unfit for human habitation and is a hazard to the public health, safety and welfare. NRH Code of Ordinances, Chapter 98-463(1) The building has multiple major PI roof leaks throughout which have allowed the elements (including rain water) to enter the building. 2. 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. NRH Code of Ordinances, Chapter 98-463(2) The building has major roof damage. including roof openings where roof-top equipment was formerly located. holes, and I unsecured roof hatches that can allow unauthorized access to the building. 3. Means to secure the building are inadequate to prevent unauthorized entry or use of the building. NRH Code of Ordinances, Chapter 98-463(3)(b) Throughout the mall (attached to Mervyn's) there I are open hatches through which a person could gain access to the interior of the structure. II. INADEQUATE SANITATION 4. Lack of adequate heating facilities. NRH Substandard Building Ordinance,Section 5-71(b)6 There is no Ipower to structure, so the heating facilities are not operational. 5. Lack of, or improper operation of required ventilation equipment. NRH Substandard Building Ordinance,Section 5-71(b)7 There is currently no power to the structure therefore the ventilation I equipment is inoperative. 6. Lack of minimum amounts of natural light and ventilation required by city codes. NRH Substandard Building Ordinance,Section 5-71(b)8 All heating, ventilation and air-conditioning units (HVAC) have been removed from the building. As a result. the building's temperature and humidity I cannot be properly maintained. thereby contributing to the mold growth. 7. Lack of required electrical lighting. NRH Substandard Building Ordinance, Section 5-71(b)10 No oower. no artificial lighting... II I I 8. Dampness of habitable rooms. NRH Substandard Building Ordinance,Section 5-71(b)11 Due to the extensive roof damage and the extent of inadequately protected roof openings. there are several areas that are damp (or have been damp) in nearly every portion of the building. 9. Infestation by insects, vermin or rodents. NRH Substandard Building Ordinance.Section 5-71(b)12 Evidence I of termites and rodents were observed during the inspection. Rat feces and carcasses as well as raccoon and/or opossum feces and carcasses were observed. 10. General dilapidation or improper maintenance. NRH Substandard Building Ordinance, Section 5-71(b)13 I Structure stripped. damage to interior. Examples: Ceiling support grids. As evidenced in the photographic support documentation. the building is deteriorating due to neglect and is not being properly maintained to resist the elements. Il 1. Lack of connection to required sewage disposal system. NRH Substandard Building Ordinance, Section 5-71(b)14 Many if not all toilets and sinks have been removed. What appears ro be human feces was found in this structure. I III. STRUCTURAL HAZARDS 12. Ceilings, roofs, or supports that sag, split or buckle, due to defective material or deterioration. NRH Substandard Building Ordinance,Section 5-71(c)6 Ceiling/support acids falling due to I damage during evacuation. IV. NUISANCE 13. Buildings or portions thereof in which there exists any nuisance as defined by ordinance I are deemed substandard buildings. NRH Substandard Building Ordinance,Section 5-71(d) There is a tremendous accumulation of garbage, trash. and debris throughout the mall including food waste and other putrescible waste, rubbish and rubble including building material waste as a result of I demolition and decay as well as decaying vegetation such as the large pile of brush in Mervyn's Department Store dock. This has created ideal harborage conditions for rodents, insects. and other animals such as opossums and possibly raccoons. (NRH Code of Ordinances Chapter 34, Article II, Public Nuisances) IV. 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 the following: I 14. Deteriorated or ineffective waterproofing of exterior walls, roof, foundation or floors, including broken windows or doors. NRH Substandard Building Ordinance,Section 5-71(h)2 The building's roof is in major need of repair. Holes. as well as openings. were observed throughout the entire I building. These holes and openings allow excessive amounts of moisture into the builds.ia. The moisture has caused major rotting of the interior flooring. 15. Broken, rotted, missing, split or buckled exterior walls or wall coverings or roof I coverings. NRH Substandard Building Ordinance,Section 5-71(h)4 The building's roof covering system is broken and rotting throughout the entire roof due to deterioration by the sun and lack of maintenance. IVI. FIRE HAZARD 16. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the chief of the fire department or the fire marshal, is 0 in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause shall be considered a substandard building. NRH Substandard Building Ordinance,Section 5-71(1) There is demolition debris. I boxes, carpet, lumber. trash, brush,_refuse and other combustible materials throughout the building. All of which will add a fuel load to the building. The interior walls of the building have been exposed due to recent salvaging activities and have revealed an excess of wood partition framing which is not typically allowed by the building code. R VII. HAZARDOUS OR INSANITARY PREMISES 17. The accumulation of weeds, vegetation,junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or I conditions on a premises constitutes a nuisance to be abated. NRH Substandard Building Ordinance, ' Section 5-71(k) There is a tremendous accumulation of garbage. trash. and debris throughout the mall including food waste and other putrescible waste, rubbish and rubble including building material waste as a result of demolition and decay as well as decaying vegetation such as the large pile of brush in Mervyn's Department Store dock. This has created ideal harborage conditions for rodents, insects. and other animals such as opossums and possibly raccoons. (NRH Code of Ordinances Chapter 34. Article II, Public Nuisances) VIII. INADEQUATE FIRE PROTECTION OR FIRE-FIGHTING EQUIPMENT 18. Buildings or portions thereof shall be considered substandard when they are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by the codes of the city, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire- restive integrity and fire-extinguishing systems or equipment have been adequately ' maintained and improved in relation to any increase in occupant load, alteration or addition, or .any change in occupancy. NRH Substandard Building Ordinance,Section 5-71(m) The building's fire sprinkler system and alarm system have been deactivated and partially dismantled. There is excessive damage to the interior of the structure, inadequate security to the building, and the amount of combustible materials (lumber. carpeting. tile. pacer. plastics. etc.,) that cause the building to be a potential fire hazard. You are hereby ordered to bring the structure into compliance of the minimum standards: heating facilities, ventilation equipment, electrical wiring and fixtures and plumbing fixtures must be installed; the holes in the roof must be repaired; the roof covering system must be replaced; any infestation of insects, vermin or rodents must be treated; the hanging ceiling grids must be removed or reinstalled; all trash, brush and debris must be removed; the damaged flooring must be removed; and the fire sprinkler system and fire alarm system must be reinstalled and activated. A licensed contractor must secure any required permits, provide a detailed scope of work and timeframe for compliance and commence the required action within 15 days from the date of notice, or by October 17, 2006. Failure to comply with this notice and order, which requires all permits to be obtained, a scope of work and schedule submitted and approved by the Building Official, and work commencing within 15 days of receipt of this Notice of Order will result in this property being scheduled for hearing before the Substandard Building Board. If you choose to secure permits, submit an approved scope and schedule and begin the work within the prescribed time limits, no hearing before the Board will be scheduled, unless specific dates as identified on the scope and schedule are not met. However, should you halt work or otherwise not comply with this order, this matter will be scheduled for a hearing before the Board. If any required repair or demolition work is not commenced or completed within the e specified, Substandard Building Board proceedings will be commenced to have tithe building repaired, removed or demolished and the cost of such assessed as a charge against the land. ' DATED this 2th day of October, 2006 • Jo n Stout Djre or of Neighborhood Services _ _ October 2, 2006 Michael Kest Tex Mery LP 5150 Overland Avenue Culver City, California 90230 On August 23, 2006, an inspection was conducted of the interior of North Hills Mall. Prior to ' my departure at approximately noon, I conducted an inspection from the food court area to Mervyns which makes up about half of the mall. I observed the following fire code violations and general safety concerns: 1. Two roof hatches that were opened. 2. Numerous holes in the roof where A/C units had been removed (these openings are large enough to gain entry into the building) ' 3. Numerous piles of trash and debris that was not removed prior to when the sprinkler system was shut down. 4. Evidence that a large amount of combustibles have been placed in the shipping area of Mervyns. 5. Large amounts of wood storage units that were not been removed from Mervyns before the sprinkler system was shut down. 6. Large amounts of combustibles in Suites 700 and 900. ' 7. Graffiti on the walls in suite 900 indicate evidence of unauthorized entry, and could result in the introduction of ignition sources. For the past two years the Fire Marshal's office has worked diligently with Mall personnel on the operation or isolation of various portions of their fire alarm system and the eventual shutdown of the sprinkler system. There was an agreement made regarding the shutdown of the fire alarm monitoring system and the sprinkler system. The conditions that lead to this ' agreement were that there would not be any occupants left remaining in the mall, and the demolition would begin as soon as the interior contents were auctioned. ' Based on my observations and the amount of combustibles remaining in the building, including their lack of ability to secure this facility from unauthorized entry from individuals, and the potential for a fire or unknown problems, this agreement was never met. To eliminate this fire hazard the following shall be accomplished: ' 1. The fire sprinkler system shall be returned to full operation within 60 days. 2. All plan reviews, testing and remote monitoring shall be approved by this office. 3. All trash and debris shall be removed within 15 days. 4. Fire alarm monitoring for the sprinkler system shall be reinstalled. Should you have any questions regarding this matter, please do not hesitate to contact my office. Sincerely, I Kirk Marcufii Assistant Chief/ Fire Marshal KM/Ij 0605050 I l Notice of Hearing City of North Richland Hills Substandard Building Board Notice is hereby given that a meeting of the City of North Richland Hills Substandard Building Board will be held at 2:00 p.m. on Thursday, November 30, 2006, at City Hall, 7301 NE Loop 820, North Richland Hills Texas. A public hearing will be held to consider action regarding the following substandard building(s) in accordance with the city's substandard building regulations, North Richland Hills Code of Ordinances Chapter 98: SBB 2006-08 7550 Boulevard 26, North Richland Hills TX 76180, legally described as Lot 1 R, Block D, Calloway Farm Addition, an addition to the City of North Richland Hills, Tarrant County. ' Said place and premises are owned and controlled by: Tex Mery LP; % Michael Kest; 5150 Overland Avenue; Culver City CA 90230. Special Warranty Deed: Tex Merv, LP; 7624 Grapevine Highway; North Richland Hills Texas 76180-8308 Attention: Steven King. Violations of city standards present at the building are as follows: ' I. GENERAL CONDITIONS 1. The building has multiple major roof leaks throughout which have allowed the elements ' (including rain water) to enter the building. 2. The building has major roof damage, including inadequately repaired roof openings where roof-top equipment was formerly located, holes, and unsecured roof hatches that ' can allow unauthorized access to the building. II. INADEQUATE SANITATION ' 3. There is no power to structure, so the heating facilities are not operational. 4. There is currently no power to the structure therefore the ventilation equipment is inoperative. 5. All heating, ventilation and air-conditioning units (HVAC) have been removed from the building. As a result, the building's temperature and humidity cannot be properly maintained, thereby contributing to the mold growth. 6. There is no power at this location and no electrical lighting. 7. Due to the extensive roof damage and the extent of inadequately protected roof openings, there are areas that are damp throughout the building. 8. Evidence of rodents were observed during the inspection. Rodent feces as well as wild animal feces were observed. 9. Structure stripped, damage to interior. Examples: Ceiling support grids. The building is deteriorating due to neglect and is not being properly maintained to resist the elements. 10. Many if not all toilets and sinks have been removed. What appears to be human feces was found in this structure. III. STRUCTURAL HAZARDS 11. Ceiling support grids falling due to damage during evacuation. I r 7 IV. NUISANCE 12. There is a tremendous accumulation of garbage, trash, and debris throughout the mall including food waste and other putrescible waste, rubbish and rubble including building material waste as a result of demolition and decay as well as decaying vegetation such as the large pile of brush in Mervyn's Department Store dock. This has created ideal harborage conditions for rodents, insects, and other wild animals. V. FAULTY WEATHER PROTECTION 13. The building's roof is in major need of repair. The inadequately repaired holes in the roof allow excessive amounts of moisture into the building. The moisture has caused major rotting of the interior flooring. 14. The building's roof covering system is broken and rotting throughout the entire roof due to deterioration by the sun and lack of maintenance. VI. FIRE HAZARD 15. There is demolition debris, boxes, carpet, lumber, trash, brush, refuse and other combustible materials throughout the building. All of which will add a fuel load to the building. The interior walls of the building have been exposed due to recent salvaging activities and have revealed an excess of wood partition framing which is not typically allowed by the building code. VII. HAZARDOUS OR INSANITARY PREMISES 16. There is a tremendous accumulation of garbage, trash, and debris throughout the mall including food waste and other putrescible waste, rubbish and rubble including building material waste as a result of demolition and decay as well as decaying vegetation such as the large pile of brush in Mervyn's Department Store dock. This has created ideal harborage conditions for rodents, insects, and wild animals. VIII. INADEQUATE FIRE PROTECTION OR FIRE-FIGHTING EQUIPMENT 17. The building's fire sprinkler system and alarm system have been deactivated and partially dismantled. There is excessive damage to the interior of the structure, inadequate security to the building, and the amount of combustible materials (lumber, carpeting, tile, paper, plastics, etc.,) that cause the building to be a potential fire hazard. The board will determine whether the building complies with the standards set out in the ordinance and consider whether to uphold the Building Official and the Director of Neighborhood Services' order to repair or demolish the structure and remove all debris. In ri either case, if the ordered action is not taken within a reasonable time specified by the Board, the City will vacate, secure, remove, or demolish the building or relocate the occupants of the building and levy the cost thereof as a special assessment against the property. The owner and/or all parties having interest in such property will be required to submitproof of the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work. The Notice of Hearing is sent to the property owner and all other parties with an interest, including a security interest, in this property. I Documentation of the conditions referred to above are on file with the Neighborhood Services Department, Code Enforcement Division at 7202 Dick Fisher Drive North, North Richland Hills, TX 76180. All interested persons may appear and be heard. NEIGHBORHOOD SERVICES DEPARTMENT ---- 817-427-6663 L6--nicc Jo Stout, Neighborhood Services Director Given under my hand and seal of o 1-1-day of a k( 2006. 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' I4L 'k �_V � ._ .,;•„=,"J^_s, .�� ?_.r� wt� to eak .:� `Yx. .. 3i.kekt�"�: •ta :> ORDER OF THE SUBSTANDARD BUILDING BOARD CITY OF NORTH RICHLAND HILLS ORDERING REPAIR OR DEMOLITION OF SUBSTANDARD BUILDING SSB 2006-05 TO: La Verne Butterfield, LP 5150 Overland Avenue Culver City CA 90230 DATE:November 30, 2006 WHEREAS, a public hearing was held on November 30, 2006 before the Substandard Building Board("Board") of the City of North Richland Hills regarding building(s) on the property located at 7600 Boulevard 26, also known as 7650 Boulevard 26, in North Richland Hills, Texas; and, WHEREAS, the records of the office of the county clerk indicate that La Verne Butterfield, LP is the record owner of the property; and, WHEREAS, notice of the public hearing was mailed to the property owner, to mortgagees, and to lien holders of record, if any, at least ten (10) days prior to the date of the hearing; and, WHEREAS, the Board finds that the defects or conditions set forth on the NOTICE and ORDER of NEIGHBORHOOD SERVICES DIRECTOR, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the building(s); and, WHEREAS, the Board finds from evidence presented at the public hearing that the building(s) is/are substandard and in violation of the minimum standards set forth in Section 98-462 of the Code of the City of North Richland Hills, and that the defects or conditions exist to the extent that the life, health, property or safety of the public are endangered; and, WHEREAS, the Board further finds that thirty (30) days is a reasonable period of time for the owner to secure a building permit for such demolition and that 75 days from the date of this order is a reasonable period of time within which to begin demolition with completion of such demolition and rubble removal within sixty (60) calendar days of the beginning of demolition, and that an additional like time is a reasonable time for the mortgagees or lienholders REPAIR OR DEMOLISH ORDER to complete the required demolition of such buildings and removal of rubble in the event the owner fails to comply within the time ordered;. NOW, THEREFORE, THE BOARD HEREBY ORDERS THAT: (1) La Verne Butterfield, LP, owner of the property located at 7600 Boulevard 26, also known as 7650 Boulevard 26, in North Richland Hills, Texas, Lot 1 R, Block A, Calloway Farm Addition, North Richland Hills, Tarrant County Texas shall within thirty (30) days secure a building permit for the demolition of the buildings and their foundations on the property and sign an undertaking and by January 15, 2007 post a surety bond or other security satisfactory to the city attorney to guarantee the timely demolition of all buildings and their foundations and removal of rubble. Such demolition shall begin within 75 days of the date of this order and shall be substantially completed within fifty (50) calendar days of beginning of demolition and full completion with removal of rubble within sixty (60) calendar days of the beginning of demolition. Because this case is being heard with other cases involving former North Hills Mall properties and related owners, with similar undertakings and orders, a single performance bond or other security satisfactory to the city attorney in the amount of $1,000,000.00 is hereby established as the required security to guarantee performance of the requirements of the owners in cases SSB- 2006-05, SSB-2006-06, SSB-2006-07 and SSB 2006-08. Should the owner fail to meet any of the scheduled deadlines herein, the city shall require the surety to perform the remaining obligations, or otherwise enforce the security obligations hereunder. (2) The permit must be obtained and the bond posted and work begun and completed to demolish the building(s) and the rubble removed by the owner within the times set forth in the preceding paragraph, or if the owner fails to perform within such within such time, by the mortgagees or lienholders within the same time limits after the mortgagees and lienholders are given notice of the owner's failure and this order; provided, however, if the bond or other security is posted and is utilized to accomplish such demolition and removal of rubble, such notice need not be sent. (3) If the permit is not obtained and the bond posted or the work to demolish the building(s) and remove rubble is not completed within the periods of time referenced in the preceding paragraphs, the City of North Richland Hills will demolish the building(s) and charge all expenses incurred by the city to the owner and place a lien upon the property for the amount owed. The costs, together with interest accruing at 10% per annum will be REPAIR OR DEMOLISH ORDER assessed as a charge against the land and will be a personal obligation of the owner. PASSED AND APPROVED THIS 30th DAY OF Nove er, 2006. Board P sident GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 30th DAY OF NOVEMBER 2006. Board Secretary/Notary REPAIR OR DEMOLISH ORDER GA1111J11. H NOTiCE and ORDER of NEIGHBORHOOD SERVICES DIRECTOR TO: LA VERNE BUTTERFIELD LP 5150 OVERLAND AVENUE CULVER CITY CA 90230 NOTICE IS HEREBY GIVEN by the Director of Neighborhood Services of the City of North Richland Hills, Texas, that the building and premises located at 7600 Boulevard 26, North Richland Hills, Texas in Tarrant County situated upon the following described real property, to wit: Block A Lot 1 R Calloway Farm Addition North Richland Hills Texas Tarrant County On August 23, 2006 the building on the above referenced property was inspected and found to be a substandard building as defined in Chapter 98 of the Code of Ordinances Section 98-462 as adopted by the city of the City of North Richland Hills. The conditions of the building that render the building a substandard building are listed below. I. GENERAL CONDITIONS 1. Dilapidated, substandard, and/or unfit for human habitation and is a hazard to the public health, safety and welfare. NRH Code of Ordinances.Chapter 96.463(1) The structure is currently unfit for human occupation. At the minimum. there is no working plumbing and no power in addition to other issues within the structure. The escalator steps and some of the railing surrounding the escalator on the second floor have been removed. The buildina has multiple major roof leaks throuahout. which have allowed the elements (including rain water) to enter the building. Several locations contain sianificant mold growths. 2. 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. NRH Code of Ordinances. Chapter 98-463(2) The orooertv owner has made an attempt to secure the structure, but it could be inadequate to prevent unauthorized access. Even though a fence surrounds the structure. the fence is not adeauate to prevent entry. Not all rooftop access is secured in addition to the ooeninas for the HVAC units being left open after the removal of all units. There are indications that the structure could have been accessed. but no "living Quarters" were located during the inspection. 3. Means to secure the building are inadequate to prevent unauthorized entry or use of the building. NRH Code of Ordinances. Chapter 98-463 (3) (h) The property owner has made an attempt to secure the structure, but it is inadeauate to prevent unauthorized access. Even thouah a fence surrounds the structure. the fence is not adeauate to prevent entry. Not all rooftop access is secured in addition to the oneninas for the HVAC units beina left open after the removal of all units. II. INADEQUATE SANITATION 4. Lack of adequate heating facilities. NRH Substandard Building Ordinance.Section 5-71(b)6 There is no Dower to this property at this time which equates to no heating facilities. 5. Lack of, or improper operation of required ventilation equipment. NRH Substandard Building Ordinance. Section 5-71(b)7 The Dower has been cut and no ventilation equipment is currently operational. 6. Lack of minimum amounts of natural light and ventilation required by city codes. NRH Suostanoard Building Ordinance.Section 5-7 1(b)Et All heating, ventilation and air-conditioning units(HVAC) have been removed from the building. As a result. the building's temperature and humidity cannot be properly maintained. thereby contributing to the mold growth. 7. Lack of required electrical lighting. NRH Substandard Building Ordinance.Section 5-71(b)lo There is no Dower at this location and no electrical lighting. 8. Dampness of habitable rooms. NRH Substandard Building Ordinance.Section 5-71(b)11 There is mold on the East. North and West exterior walls due to leaks. There is also standing water in/near the dock area. Due to the extensive roof damage and the extent of inadequately protected roof openings. there are several areas that are damp (or have been dame) in nearly ever/portion of the building. 9. Infestation by insects, vermin or rodents. NRH Substandard Building Ordinance.Sections-71(b)12 Evidence of termites and rodent feces and carcasses were observed during the inspection. 1 O.General dilapidation or improper maintenance. NRH Substandard Building Ordinance. Section 5-71(b)13 There are visible holes in the walls and damaged flooring throughout the structure. in addition. there is a leak in/near the dock area and damaged walls in the dock area. The building is deteriorating due to neglect and is not being properly maintained to resist the elements. 11.Lack of connection to required sewage disposal system. NRH Substandard Building Ordinance. Section 5- 71(b)14 Many sinks and toilets have been removed... II. STRUCTURAL HAZARDS 1 2.Defective or deteriorated flooring or supports. NRH Substandard Building Ordinance,Section 5-71(c)2 The steps have been removed from the escalator creating a drop from the 2nd floor to the lst floor. The railing around the opening has also been removed..,. IIi. NUISANCE 13.Buildings or portions thereof in which there exists any nuisance as defined by ordinance are deemed substandard buildings. NRH Substandard Building Ordinance.Section 5-71(d) 1. Railing was removed from the area around the escalator creating a condition which might be a potential cause of personal injury to the occupants or the public. Section 34-33.1 2. Failure to maintain sanitary plumbing fixtures Section 34-33.5 3. Noxious/disagreeable odors repulsive to the physical senses Sec. 34-33.6 4. Permittina an accumulation of garbage. rubble. debris. Sec 34-33.9 5. There is a tremendous accumulation of garbage. trash, and debris throughout the mall including food waste and other putrescible waste, rubbish and rubble including building material waste as a result of demolition and decay found throughout. (NRH Code of Ordinances Chapter 34. Article II. Public Nuisances) IV. 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 the following: 14. Deteriorated, crumbing or loose plaster. NRH Substandard Building Ordinance.Section 5-71(h)1 Mold on East. North and West walls. 15. Deteriorated or ineffective waterproofing of exterior walls, roof, foundation or floors, including broken windows or doors. NRH Substandard Building Ordinance.Section 5-71m)2 Leak in roof/wall near East North and West walls. Visible opening at NE corner. The building's roof is in major need of repair. Holes. as well as openings. were observed throughout the entire buildinc. These holes and openings allow excessive amounts of moisture into the buildina. The moisture has caused rottin and buckling of the interior flooring in the Folev's Department Store. V. FiRE HAZARD 16. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the chief of the fire department or the fire marshal, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause shall be considered a substandard building. NRH Substandard Building Ordinance.Section 5-71(1) The building is in such a condition as to rovide a ready fuel to au ment the spread and intensity of fire or explosion arisina from any cause. There is demolition debris, boxes, car et. lumber. trash. brush. refuse and other combustible materials throughout the building. All of which will add a fuel load to the buildina. The interior walls of the buildina have been ex Dosed due to recent salvaaina activities and have revealed an excess Of wood partition framingwelch is not t ically allowed by the buildina code. VI. HAZARDOUS OR INSANITARY PREMISES 17. The accumulation of weeds, vegetation,junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions on a premises constitutes a nuisance to be abated. NRH Substandard Building Ordinance.Section 5-71(k) There is a tremendous accumulation of aarba e. trash, and debris throu hout the mall includina food waste and other putrescible waste. rubbish and rubble including buildina material waste as a result of demolition and decay. (NRH Code of Ordinances Cha ter 34. Article Ii. Public Nuisances VII. INADEQUATE FiRE PROTECTION OR FiRE-FIGHTING EQUIPMENT 18.Buildings or portions thereof shall be considered substandard when they are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by the codes of the city, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-restive integrity and fire- extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. NRH Substandard Building Ordinance.Section 5-71(m) The building's fire sprinkler system and alarm s stem have been deactivated and artiall dismantled. There is excessive dams a to the interior of the structure inade uate securit to the bundle and the amount of combustible materials lumber. car etin tile. aper lastics. etc. that cause the bundle to be a otentiai fire hazard. You are hereby ordered to bring the structure into compliance of the minimum standards: heating facilities, ventilation equipment, electrical wiring and fixtures and plumbing fixtures must be installed; the holes in the roof must be repaired; the roof covering system must be replaced; any infestation of insects, vermin or rodents must be treated; the visible holes in the wails and damaged flooring must be repaired; the hole in the floor where the was located must be secured or the escalator and all ren escalator reinstalled; the cause of any noxious odors must be removed cleaneddup;)lin alra9 garrba be, rubble, trash and debris must be cleaned up; the fire sprinkler system and fire alarm system must be reinstalled and activated. A licensed contractor must secure any required permits, provide a detailed scope of work and timeframe for compliance and commence the required action within 15 days from the date of notice, or by October 17, 2006. Failure to comply with this notice and order, which requires all permits to be obtained, a scope of work and schedule submitted and approved by the Building Official, and work commencing within 15 days of receipt of this Notice of Order will result in this property being scheduled for hearing before the Substandard Building Board. If you choose to secure permits. it Exhibit A submit an approved scope and schedule and begin the work within the prescribed time limits, no hearing before the Board will be scheduled, unless specific dates as identified on the scope and schedule are not met. However, should you halt work or otherwise not comply with this order, this matter will be scheduled for a hearing before the Board. If any required repair or demolition work is not commenced or completed within the time specified, Substandard Building Board proceedings will be commenced to have the building repaired, removed or demolished and the cost of such assessed as a charge against the land. DATED this 2th day of October, 2006 1 641-kt 41 J• n Stout - - - -.tor of Neighborhood Services o1*RY ALB( TIFFANY INAY Notary Public,State of Texas My Commission Expires March 10,2008 )ACkA Tiffany Inay' Board Secretary/Notary Page 4 ORDER OF THE SUBSTANDARD BUILDING BOARD CITY OF NORTH RICHLAND HILLS ORDERING REPAIR OR DEMOLITION OF SUBSTANDARD BUILDING SSB 2006-06 TO: Tex Mall LP 5150 Overland Avenue Culver City CA 90230 DATE:November 30, 2006 WHEREAS, a public hearing was held on November 30, 2006 before the Substandard Building Board("Board") of the City of North Richland Hills regarding building(s) on the property located at 7570 Boulevard 26, also known as 7624 Boulevard 26, in North Richland Hills, Texas; and WHEREAS, the records of the office of the county clerk indicate that Tex Mall LP is the record owner of the property; and WHEREAS, notice of the public hearing was mailed to the property owner, to mortgagees, and to lien holders of record, if any, at least ten (10) days prior to the date of the hearing; and WHEREAS, the Board finds that the defects or conditions set forth on the NOTICE and ORDER of NEIGHBORHOOD SERVICES DIRECTOR, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the building(s); and WHEREAS, the Board finds from evidence presented at the public hearing that the building(s) is/are substandard and in violation of the minimum standards set forth in Section 98-462 of the Code of the City of North Richland Hills, and that the defects or conditions exist to the extent that the life, health, property or safety of the public are endangered; and WHEREAS, the Board further finds that thirty (30) days is a reasonable period of time for the owner to secure a building permit for such demolition and that 75 days from the date of this order is a reasonable period of time within which to begin demolition with completion of such demolition and rubble removal within sixty (60) calendar days of the beginning of demolition, and that an additional like time is a reasonable time for the mortgagees or lienholders to complete the required demolition of such buildings and removal of rubble in the event the owner fails to comply within the time ordered; REPAIR OR DEMOLISH ORDER NOW, THEREFORE, THE BOARD HEREBY ORDERS THAT: (1) Tex Mall LP, "owner" of the property located at 7570 Boulevard 26 also known as 7624 Boulevard 26, in North Richland Hills, Texas, Lot 1 R, Block B, Calloway Farm Addition, North Richland Hills, Tarrant County Texas shall within thirty (30) days secure a building permit for the demolition of the buildings and their foundations on the property and sign an undertaking and by January 15, 2006 post a surety bond or other security satisfactory to the city attorney to guarantee the timely demolition of all buildings and their foundations and removal of rubble. Such demolition shall begin within 75 days of the date of this order and shall be substantially completed within fifty (50) calendar days of beginning of demolition and full completion with removal of rubble within sixty (60) calendar days of the beginning of demolition. Because this case is being heard with other cases involving former North Hills Mall properties and related owners, with similar undertakings and orders, a single performance bond or other security satisfactory to the city attorney in the amount of$1,000,000.00 is hereby established as the required security to guarantee performance of the requirements of the owners in cases SSB- 2006-05, SSB-2006-06, SSB-2006-07 and SSB 2006-08. Should the owner fail to meet any of the scheduled deadlines herein, the city shall require the surety to perform the remaining obligations, or otherwise enforce the security obligations hereunder. (2) The permit must be obtained and the bond posted and work begun and completed to demolish the building(s) and the rubble removed by the owner within the times set forth in the preceding paragraph, or if the owner fails to perform within such within such time, by the mortgagees or lienholders within the same time limits after the mortgagees and lienholders are given notice of the owner's failure and this order; provided, however, if the bond or other security is posted and is utilized to accomplish such demolition and removal of rubble, such notice need not be sent. (3) If the permit is not obtained and the bond posted or the work to demolish the building(s) and remove rubble is not completed within the periods of time referenced in the preceding paragraphs, the City of North Richland Hills will demolish the building(s) and charge all expenses incurred by the city to the owner and place a lien upon the property for the amount owed. The costs, together with interest accruing at 10% per annum will be assessed as a charge against the land and will be a personal obligation of the owner. REPAIR OR DEMOLISH ORDER PASSED AND APPROVED THIS 30th DAY OF November, 06. Board Presiders GIVEN UNDER MY HAND AND SEAL OF OFFICE T IS 30th DAY OF NOVEMBER 2006. Board Secretary/Notary REPAIR OR DEMOLISH ORDER Exhibit A NOTICE and ORDER of NEIGHBORHOOD SERVICES DIRECTOR TO: TEX MALL L P C/0 MICHAEL KEST 5150 OVERLAND AVENUE .CULVER CITY CA 90230 NOTICE IS HEREBY GIVEN by the Director of Neighborhood services of the C' North Richland Hills, Texas, regarding the building and premises located at 75 of Boulevard 26, North Richland Hills, Texas in Tarrant County situated upon the following described real property, to wit:Block B Lot 1 R Calloway Farm Addition North Richland Hills Texas Tarrant County On August 23, 2006 the building on the above referenced property was inspected and found to be a substandard building as defined in Chapter 98 -of the Code of Ordinances Section 98-462 as adopted by the city of the City of North Richland Hills. The conditions of the building that render the building a substandard building are listed below. I. GENERAL CONDITIONS 1. Dilapidated, substandard, and/or unfit for human habitation and is a hazard to the public health, safety and welfare. NRH Code of ordinances.Chapter 98-463(1) The structure is currently unfit for human occu ation. At the minimum there is no workino olumbin and no ower in addition to other issues within the structure. The building has multiple ma.or roof leaks throughout which have allowed the elements inciudin rain water to enter the building. Several locations includina the former Foot Action USA. Lane Bryant. and the movie theater contain significant mold growths. 2. 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. NRH Code of Ordinances. Chapter 98-463(2) The property owner has made an attempt to secure the structure, but it could be inadequate to revent unauthorized access. Even thou h a fence surrounds the structure, is not adequate to revent entry. Not all rooftop access is secured in addition to the o enin s for the HVAC units being left open after the removal or all units. There are indications that the structure could have been accessed. but no "livin Quarters" were located Burin the inspection. The building has ma'or roof damage includino roof openin s where roofto equipment was formers located. holes, and unsecured roof hatches that can allow unauthorized access to the building. An o en, unlocked roof hatch was found in the 3. Mo vie Theater along with multiple holes/access points on the roof over the theaters. Means to secure the building are inadequate to prevent unauthorized entry or use of the building. NRH Coae of Orainances. Chanter 98a63(3)(b) The orooert owner has made an attempt to secure the structure, but it is not adequate to revent entry. Even though a fence surrounds the structure, the fence can be breached. Not all rooftop access is secured in addition to the obeninas for the HVAC units being left open after the removal of all units. II. INADEQUATE SANITATION 4. Lack of adequate heating facilities. NRH Substandard Building Ordinance.Section 5-71(b)6 T ower to this roperty at this time therefore no operational heating facilities. her— e" is no 5. Lack of, or improper operation of required ventilation equipment. NRH Substandard Building Ordinance.Section 5-7 1(147 The power has been cut off and no ventilation eauloment is currently operational. 5. Lack of minimum amounts of natural light and ventilation required by city codes. Substandard Building Ordinance,Section 5-71(b)8 All heating ventilation and air-conditionin�units HVAC have been removed from the buildino. As a result. the building`s tern erature and humidity cannot be roped maintained. thereby contributina to the mold rowth. 7. Lack of required electrical lighting. NRH Substandard Building Ordinance,Section 5-71(6)10 There is no power at this location and no electrical lighting ---_ 8. Dampness of habitable rooms. NRH Substandard Building Ordinance.Section 5-71 bO 11 Due to the extensive roof dams a and the extent of made uately rotected roof ooenin s there are several areas that are dam or have been damp) in nead eve portion of the buildin . Areas include. but are not limited to the former Foot Action USA. Lane B ant. The 5.7. & 9"Store. Re is. Pearl Vision Center. Artisan Theater Foot Locker. Bea & Ba a e. the food court and the former movietheater. 9. Infestation by insects, vermin or rodents. NRH Substandard Building rodents were found rimed) in the food court area. Rodent feces was found Sectionrimarily inthe food court area. but it was throughout this structure. Evidence of termites and rodents were observed durina the ins action. Rat feces and carcasses as well as raccoon and/or o ossum feces and carcasses were observed throu hout the buildin inc/udin but not limited to. the Food Court. Pearl Vision Center. Re is. Ts the Season, and the movie theater. 10. General dilapidation or improper maintenance. There are holes in the roof that have remained unre aired intandaw ex ess/lofg18 monthsdi n Ordinance, (2 Section ears)in October 2006). There are damaged walls and tloorina throuohout. As evidenced in the hotoora hic su ort documentation, the buildin is deteriorating due to ne lect and is not being ro erl maintained to resist the elements 11. Lack of connection to required sewage disposal system. NRH Substandard Building Ordinance,Section 5-71(6)14 Many sinks and toilets have been removed... III. STRUCTURAL HAZARDS 12. Walls or other vertical supports that split, lean, list or buckle due to defective materials or deterioration. NRH Substandard Building Ordinance,Section 5-71(c)4 Walls have been dams ed throuohout the buildino where they have been artiall removed. These areas include la a ooenin s in a CMU wall near the leasina office and the west electrical room which are not adeauatelv su orted b an ao ro date lintel to ca the wei ht of the CMU's above the ooenin . A structural column located in the exit passe ewa behind the "Re is"store is a roximatel 8 to 12 inches out of lumb and needs to be assessed by a structural en ineer. 13. Ceilings, roofs, or supports that sag, split or buckle, due to defective material or deterioration. NRH Substandard Building Ordinance.Section 5-71(c)6 Metal ob ect ao ears to have fallen into rear area of a suite durin HVAC removal...Hole has not been repaired in addition to multi le similar holes throuohout. IV NUISANCE 14. Buildings or portions thereof in which there exists any nuisance as defined by ordinance are deemed substandard buildings. NRH Substandard Building Ordinance,Section 5-71(d) 2. Failure to maintain sanitary lumbin fixtures 1. CeilinGnds nanoin within suifes are Section 34-33.5 sharp rotrusions Section 34-33.1 3. Noxious/disaareeable odors repulsive to the oii sica'senses Sec. 34-33.6 GA111011 H 4. Permitting an accumulation of aarbaoe, rubble. debris. Sec 34-33.9 5. Permitting the carcass of a dead animal to remain on the premises for a oeriod of time exceeding 18 hours after the death of the animal. 6. Maintainin graffiti on rivate structure located on rivate ro erty. Sec 34-33.24 7. There is a tremendous accumulation of oarba e, trash. and debris throuahout the mall includina food waste and other putrescible waste. including the Food Court. and the Movie Theater. There is rubbish and rubble includina buildina material waste as a result of demolition and decay found throughout the mall. This has created ideal harboraae conditions for rodents, insects, and other animals such as opossums and ossibl raccoons. (NRH Code of Ordinances Chanter 34. Article ll. Public Nuisances) V. HAZARDOUS ELECTRICAL WIRING 15 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 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. NRH Substandard Building Ordinance.Section 5-71(e) Power cut off but there are wires exposed throuahout the structure which would not meet the code. VI. 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 the following: 16. Deteriorated or ineffective waterproofing of exterior walls, roof, foundation or floors, including broken windows or doors. NRH Substandard Building Ordinance.Section 5-71(h)2 HVAC unit holes left uncovered on roof. roof hatches left open &leak on east wall. The building's roof is in ma or need of re air. Holes. as well as o enin s were observed throuahout the entire buildin . These holes and openin s allow excessive amounts of moisture into the building. 17. Broken, rotted, missing, split or buckled exterior walls or wall coverings or roof coverings. NRH Substandard Building Ordinance.Section 5-71(h)4 Mold on East wall at or near Ste 100. The building's roof coverin s stem is broken and rottin throw hout the entire roof due to deterioration by the sun and lack of maintenance. VII. FiRE HAZARD 18. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the chief of the fire department or the fire marshal, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause shall be considered a substandard building. NRH Substandard Budding Ordinance.Section 5-710) The building is in such a condition as to rovide a ready fuel to au ment the spread and intens' of fire or explosion arisina from an cause. There is demolition debris, boxes. carpet, lumber, trash, brush. refuse and other combustible materials throu hout the buildin . All of which will add a fuel load to the building. The interior walls of the building have been exposed due to recent salvaging activities and have revealed an excess of wood partition framing which 1.5 not icaily allowed by the building code. • VIII. HAZARDOUS OR INSANITARY PREMISES 19. The accumulation of weeds, vegetation,junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions on a premises constitutes a nuisance to be abated. NRH Suostandard Building Ordinance. Section 5-71(k) There is a tremendous accumulation of aarbaae trash. and debris throuahout the mall includina food waste and other putrescible waste, includin the F000 Court. and the Movie Theater. There is rubbish and rubble includina buildin material waste as a result of demolition and decay found throuahout the mall. This has created ideal harborage conditions for rodents. insects. and other animals such as opossums and ossib/v raccoons. (NRH Code of Ordinances Chapter 34. Article il. Public Nuisances) XL INADEQUATE FIRE PROTECTION OR FiRE-FIGHTING EQUIPMENT 20. Buildings or portions thereof shall be considered substandard when they are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by the codes of the city, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire- restive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. NRFf �rre c sprinkler system and alarm system have been deactivated and n artially dismantled e.Section 5-71(m) The without authorization by the buildin official. There is excessive damage to the interior of the structure. inadeouate security to the buildin and the amount of combustible materials(lumber, car eting We. a er. lastics. etc.) that cause the building to be a potential r<re hazard. The systems must be returned to their o erational status. You are hereby ordered to bring the structure into compliance of the minimum heating facilities, ventilation equipment, electrical wiring and fixtures and fixturesplumbing : must be installed; the holes in the roof must be repaired; the roof covering system must be g replaced; any infestation of insects, vermin or rodents must be treated; all damaged walls and columns must be repaired; the falling ceiling grids must be removed or reinstalled; the cause of any noxious odors must be cleaned up or removed; the trash, rubble and debris in the structure must be removed, all animal carcasses must be removed from the premises; the graffiti must be removed; the fire sprinkler and alarm systems must be reinstalled and activated. A licensed contractor must secure any required permits, provide a detailed scope of work and timeframe for compliance and commence the required action within 15 days from the date of notice, or by October 17, 2006. Failure to comply with this q notice and order, which requires all permits to be obtained, a scope of work and schedule submitted and approved by the Building Official, and work commencing within 15 days of receipt of this Notice of Order will result in this property being scheduled for hearing befor the Substandard Building Board. If you choose to secure permits, submit an approved e scope and schedule and begin the work within the prescribed time limits, no hearing before the Board will be scheduled, unless specific dates as identified on the scope and schedule are not met. However, should you halt work or otherwise not comply with this order, this matter will be scheduled for a hearing before the Board. If any required repair or demolition work is not commenced or completed within the time specified, Substandard Building Board proceedings will be commenced to have the building repaired, removed or demolished and the cost of such against the land. assessed as a charge Exhibit A DATED this 2th day of October, 2006 6+ik+ J Ann Stout ector of Neighborhood Services 'ot?•"'"•��' TIFFANY INAY Notary Public,State of Texas My Commission Expires March 10, 2005 Tiffany I a Board Secretary/Notary Page 5 ORDER OF THE SUBSTANDARD BUILDING BOARD CITY OF NORTH RICHLAND HILLS ORDERING REPAIR OR DEMOLITION OF SUBSTANDARD BUILDING SSB 2006-07 TO: Tex Mery LP 5150 Overland Avenue Culver City CA 90230 DATE:November 30, 2006 WHEREAS, a public hearing was held on November 30, 2006 before the Substandard Building Board("Board") of the City of North Richland Hills regarding building(s) on the property located at 7600 Boulevard 26, in North Richland Hills, Texas; and WHEREAS, the records of the office of the county clerk indicate that Tex Mery LP is the record owner of the property; and WHEREAS, notice of the public hearing was mailed to the property owner, to mortgagees, and to lien holders of record, if any, at least ten (10) days prior to the date of the hearing; and WHEREAS, the Board finds that the defects or conditions set forth on the Substandard Building Inspection Reports, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the building(s); and WHEREAS, the Board finds from evidence presented at the public hearing that the building(s) is/are substandard and in violation of the minimum standards set forth in Section 98-462 of the Code of the City of North Richland Hills, and that the defects or conditions exist to the extent that the life, health, property or safety of the public are endangered; and WHEREAS, the Board further finds that thirty (30) days is a reasonable period of time for the owner to secure a building permit for such demolition and that 75 days from the date of this order is a reasonable period of time within which to begin demolition with completion of such demolition and rubble removal within sixty (60) calendar days of the beginning of demolition, and that an additional like time is a reasonable time for the mortgagees or lienholders to complete the required demolition of such buildings and removal of rubble in the event the owner fails to comply within the time ordered; REPAIR OR DEMOLISH ORDER NOW, THEREFORE, THE BOARD HEREBY ORDERS THAT: (1) Tex Mery LP, "owner" of the property located at 7600 Boulevard 26 in North Richland Hills, Texas, Lot 1 R, Block C, Calloway Farm Addition, North Richland Hills, Tarrant County Texas shall within thirty (30) days secure a building permit for the demolition of the buildings and their foundations on the property and sign an undertaking and by January 15, 2007 post a surety bond or other security satisfactory to the city attorney to guarantee the timely demolition of all buildings and their foundations and removal of rubble. Such demolition shall begin within 75 days of the date of this order and shall be substantially completed within fifty (50) calendar days of beginning of demolition and full completion with removal of rubble within sixty (60) calendar days of the beginning of demolition. Because this case is being heard with other cases involving former North Hills Mall properties and related owners, with similar undertakings and orders, a single performance bond or other security satisfactory to the city attorney in the amount of$1,000,000.00 is hereby established as the required security to guarantee performance of the requirements of the owners in cases SSB-2006-05, SSB-2006-06, SSB-2006-07 and SSB 2006-08. Should the owner fail to meet any of the scheduled deadlines herein, the city shall require the surety to perform the remaining obligations, or otherwise enforce the security obligations hereunder. (2) The permit must be obtained and the bond posted and work begun and completed to demolish the building(s) and the rubble removed by the owner within the times set forth in the preceding paragraph, or if the owner fails to perform within such within such time, by the mortgagees or lienholders within the same time limits after the mortgagees and lienholders are given notice of the owner's failure and this order; provided, however, if the bond or other security is posted and is utilized to accomplish such demolition and removal of rubble, such notice need not be sent. (3) If the permit is not obtained and the bond posted or the work to demolish the building(s) and remove rubble is not completed within the periods of time referenced in the preceding paragraphs, the City of North Richland Hills will demolish the building(s) and charge all expenses incurred by the city to the owner and place a lien upon the property for the amount owed. The costs, together with interest accruing at 10% per annum will be assessed as a charge against the land and will be a personal obligation of the owner. REPAIR OR DEMOLISH ORDER PASSED AND APPROVED THIS 30th DAY OF Novembe 2006. Board Preside GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 30th DAY OF NOVEMBER 2006. Board Secretary/Notary REPAIR OR DEMOLISH ORDER Exhibit A NOTICE and ORDER of NEIGHBORHOOD SERVICES DIRECTOR TO: TEX MERV L P ATTN: RENE DAVIS 5150 OVERLAND AVENUE CULVER CITY CA 90230 NOTICE IS HEREBY GIVEN by the Director of Neighborhood Services of the of North Richland Hills, Texas, regarding the •buildingand 7600 Boulevard 26, North Richland Hills, Texas in Tarrant County premisesituated upon located at ng described real property, to wit: p the following Block C Lot 1R Calloway Farm Addition North Richland Hills Texas Tarrant County On August 23, 2006 the building on the above referenced property was insect and found to be a substandard building as defined in Chapter 98 of the Co ed Ordinances Section 98-462 as adopted by the city of the City of North Richiand Hills. of e conditions of the building that render the building a substandard building are listed below.The I. GENERAL CONDITIONS 1. Dilapidated, substandard, and/or unfit for human habitation and is a hazard to the public ublic health, safety and welfare. NRH Code of Ordinances.Chapter 98-463(1) The structure is current) unfit for human occu ation. At the minimum there is no working lumbin and no Dower in addition to other issues within the structure. 2. 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. NRH Code of Ordinances. Chapter 98-463(2) The pro e owner has made an attempt to secure the structure, but it is inadequate to prevent unauthorized access. Even thou h a fence surrounds the structure. the fence is not adequate to prevent entry. Not all rooftop access is secured in addition to the ooenin s for the HVAC units being left open after the removal of all units. There are indications that the structure could have been accessed. but no "living quarters" were located during the inspection 3. means to secure the building are inadequate to prevent unauthorized entry or use of building. NRH Code of Ordinances. Chapter 98-463 (3)(b) The ro ertv owner has made an attemptthe to secure the structure, but it is inadequate to prevent unauthorized access. Even thou h fence surrounds the structure the fence is not ade uate to revent entry. Not all roofto access is secured in addition to the o minas for the HVAC units being left open after the removal of all units. There are stairs leading to from the 2n° floor to a roof access which is unsecured/open. II. INADEQUATE SANITATION 4. Lack of adequate heating facilities. NRH Suosrandard Building ower to this pro ert at this time which equates to no heatina facilities. t(b)6 There is no 5. Lack of, or improper operation of required ventilation equipment. Ordinance.Section 5,71(6)7 The Dower has been cut and no ventilation eau nment is currently y riding ODer bona/. 6. Lack of minimum amounts of natural light and ventilation required by city codes. Substandard Building Ordinance,Section 5-71(b)e All heatin ventilation and air-conditionin uns (HVAC) have been removed from the buildina. As a result. the buildina's temperature and humidity cannot be properly maintained. thereby contributinD to the mold rowth. 7. Lack of required electrical li htin Dower g NRH Substandard Building Ordinance.Section 5-71(b)10 There is no at Phis location and no electricc al li htino. g. Infestation by insects, vermin or rodents. NRH Substandard Building Ordinance,Section 5-71(b)12 Animal feces was found on the second floor and a dead oDossum was found at the bottom of the elevate 9. General dilapidation or improper maintenance. NRH Substandard Building Ordinance. Section 5-71(b)13 There are dame ed walls and floorino throughout. The elevator shaft is o en at the 2nd floor. The 2nd floor has a laroe hole in the wall where there is no railino in place to prevent a person from fallino to the 1st floor. 10. Lack of connection to required sewage disposal system. NRH Substandard Building Ordinance, Section 5-71(b)14 The sinks and toilets have been removed... III. STRUCTURAL HAZARDS 11. Ceilings, roofs, or supports that sag, split or buckle, due to defective material or deterioration. NRH Substandard Building Ordinance.Section 5-71(c)6 IV. N.UISANCE 12. Buildings or portions thereof in which there exists any nuisance as defined by ordinance are deemed substandard buildings. NRH Substandard Building Ordinance.Section 5-71(d) 1. Failure to maintain sanita lumbin fixtures Section 34-33.5 2. Noxious/disa reeable odors repulsive to the hvsical senses Sec. 34-33.6 3. Permittin an accumulation of aarba e. rubble debris... Sec 34-33.9 4. Permittino the carcass of a dead animal to remain on the remises for a enod of time exceedin 18 hours after the death of the animal. V. HAZARDOUS ELECTRICAL WIRING 13. 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 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. NRH Substandard Building Ordinance.Section 5-71(e) Power cut off but there are wires exposed throughout the structure which would not meet code. VI. 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 the following: 14. Broken,.rotted, missing, split or buckled exterior walls or wall coverings or roof • Coverings. NRH Substandard Building Ordinance,Section 5-71(h)4 The building's roof coyennD 4 rstem is brokenmainten and rotting throw hout the entire roof due to deterioration by the sun and lack of a rice. 15. Other Open roof hatch from 2dd floor. VII. INADEQUATE FiRE PROTECTION OR FIRE-FIGHTING EQUIPMENT 16. Buildings or portions thereof shall be considered substandard when they are not provided with the fire-resistive construction or fire-extinguishin required by the codes of the city, except those buildings or g systems or equipment 9 portions thereof which Exhibit A conformed with all applicable laws at the time of their construction and whose fire- restive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. NRH Substandard Building Ordinance,Section 5-71(m)) The building's fire sprinkler system and alarm system has been deactivated and partially dismantled. There is excessive damage to the interior of the structure, inadequate security to the building, and the amount of combustible materials (lumber, carpeting, tile, paper, plastics, etc.), that cause the building to be a potential fire hazard. You are hereby ordered to bring the structure into compliance of the minimum standards: heating facilities, ventilation equipment, electrical wiring and fixtures and plumbing fixtures must be installed; the roof covering system must be replaced; any infestation of insects, vermin or rodents must be treated; all animal carcasses must be removed from the premises; and the fire sprinkler system and fire alarm system must be reinstalled and activated. A licensed contractor must secure any required permits, provide a detailed scope of work and timeframe for compliance and commence the required action within 15 days from the date of notice, or by October 17, 2006. Failure to comply with this notice and order, which requires all permits to be obtained, a scope of work and schedule submitted and approved by the Building Official, and work commencing within 15 days of receipt of this Notice of Order will result in this property being scheduled for hearing before the Substandard Building Board. If you choose to secure permits, submit an approved scope and schedule and begin the work within the prescribed time limits, no hearing before the Board will be scheduled, unless specific dates as identified on the scope and schedule are not met. However, should you halt work or otherwise not comply with this order, this matter will be scheduled for a hearing before the Board. If any required repair or demolition work is not commenced or completed within the time specified, Substandard Building Board proceedings will be commenced to have the building repaired, removed or demolished and the cost of such assessed as a charge against the land. DATED this 2th day of October, 2006 .0 l , Jo n Stout Di -«or of Neighborhood Services ,vT��'% TIFFANY INAY Notary Public,State of Texas /\ : € My Commission Expires A11/Match 10,2008 ff 4{�] a, Tiffany na Board Secretary/Notary Page 3 ORDER OF THE SUBSTANDARD BUILDING BOARD CITY OF NORTH RICHLAND HILLS ORDERING REPAIR OR DEMOLITION OF SUBSTANDARD BUILDING SSB 2006-08 TO: Tex Mery LP 5150 Overland Avenue Culver City CA 90230 DATE:November 30, 2006 WHEREAS, a public hearing was held on November 30, 2006 before the Substandard Building Board("Board") of the City of North Richland Hills regarding building(s) on the property located at 7550 Boulevard 26, in North Richland Hills, Texas; and WHEREAS, the records of the office of the county clerk indicate that Tex Mery LP is the record owner of the property; and WHEREAS, notice of the public hearing was mailed to the property owner, to mortgagees, and to lien holders of record, if any, at least ten (10) days prior to the date of the hearing; and WHEREAS, the Board finds that the defects or conditions set forth on the NOTICE and ORDER of NEIGHBORHOOD SERVICES DIRECTOR, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the building(s); and WHEREAS, the Board finds from evidence presented at the public hearing that the building(s) is/are substandard and in violation of the minimum standards set forth in Section 98-462 of the Code of the City of North Richland Hills, and that the defects or conditions exist to the extent that the life, health, property or safety of the public are endangered; and WHEREAS, the Board further finds that thirty (30) days is a reasonable period of time for the owner to secure a building permit for such demolition and that 75 days from the date of this order is a reasonable period of time within which to begin demolition with completion of such demolition and rubble removal within sixty (60) calendar days of the beginning of demolition, and that an additional like time is a reasonable time for the mortgagees or Iienholders to complete the required demolition of such buildings and removal of rubble in the event the owner fails to comply within the time ordered; REPAIR OR DEMOLISH ORDER NOW, THEREFORE, THE BOARD HEREBY ORDERS THAT: (1) Tex Mery LP, "owner" of the property located at 7550 Boulevard 26 in North Richland Hills, Texas, Lot 1 R, Block D, Calloway Farm Addition, North Richland Hills, Tarrant County Texas shall within thirty (30) days secure a building permit for the demolition of the buildings and their foundations on the property and sign an undertaking and by January 15, 2007 post a surety bond or other security satisfactory to the city attorney to guarantee the timely demolition of all buildings and their foundations and removal of rubble. Such demolition shall begin within 75 days of the date of this order and shall be substantially completed within fifty (50) calendar days of beginning of demolition and full completion with removal of rubble within sixty (60) calendar days of the beginning of demolition. Because this case is being heard with other cases involving former North Hills Mall properties and related owners, with similar undertakings and orders, a single performance bond or other security satisfactory to the city attorney in the amount of$1,000,000.00 is hereby established as the required security to guarantee performance of the requirements of the owners in cases SSB-2006-05, SSB-2006-06, SSB-2006-07 and SSB 2006-08. Should the owner fail to meet any of the scheduled deadlines herein, the city shall require the surety to perform the remaining obligations, or otherwise enforce the security obligations hereunder. (2) The permit must be obtained and the bond posted and work begun and completed to demolish the building(s) and the rubble removed by the owner within the times set forth in the preceding paragraph, or if the owner fails to perform within such within such time, by the mortgagees or lienholders within the same time limits after the mortgagees and lienholders are given notice of the owner's failure and this order; provided, however, if the bond or other security is posted and is utilized to accomplish such demolition and removal of rubble, such notice need not be sent. (3) If the permit is not obtained and the bond posted or the work to demolish the building(s) and remove rubble is not completed within the periods of time referenced in the preceding paragraphs, the City of North Richland Hills will demolish the building(s) and charge all expenses incurred by the city to the owner and place a lien upon the property for the amount owed. The costs, together with interest accruing at 10% per annum will be assessed as a charge against the land and will be a personal obligation of the owner. REPAIR OR DEMOLISH ORDER PASSED AND APPROVED THIS 30th DAY OF November 2006. Board Presi nt GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 30th DAY OF NOVEMBER 2006. Board Secretary/Notary REPAIR OR DEMOLISH ORDER NOTICE and ORDER . of NEIGHBORHOOD SERVICES DIRECTOR • TO: TEX MERV L P MICHAEL KEST 5150 OVERLAND AVENUE CULVER CITY CA 90230 • NOTICE IS HEREBY GIVEN by the Director of Neighborhood services of the City of North Richland Hills, Texas, regarding the building and premises located at 7550 Boulevard 26, North Richland Hills, Texas in Tarrant County situated upon the followin described real property, to wit: 9 Block D Lot 1 R Calloway Farm Addition North Richland Hills Texas Tarrant County On August 23, 2006 the building on the above referenced property was inspected and found to be a substandard building as defined in Chapter 98 of the Code of Ordinances Section 98-462 as adopted by the city of the City of North Richland Hills. The conditions of the building that render the building a substandard building are listed below. I. GENERAL CONDITIONS 1. Dilapidated, substandard, and/or unfit for human habitation and is a hazard to the public health, safety and welfare. building has multi le ma Or NRH Code of Ordinances.Chapter 981463(1) The roof leaks throw hout which have allowed the elements (including rain water) to enter the buildmQ 2. 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. NRH Code of Ordinances, Chapter 98-463(2) The building has maibr roof damage. including roof o enin s where roof-too equioment was formerly located. holes and unsecured roof hatches that can allow unauthorized access to the building. 3. Means to secure the building are inadequate to prevent unauthorized entry or use of the building. NRH Code of Ordinances. Chapter 98-463(3)(b) Throughout the mall (attached to are o en hatches through which a person could ga access to the interior of thestructure there m t II. INADEQUATE SANITATION 4. Lack of adequate heating facilities. NRH Substandard Building Ordinance.Section 5-power to structure. so the heating facilities are not operational 71(b)6 There is no 5. Lack of, or improper operation of required ventilation equipment. NRH Substandard Building Ordinance.Section 5-71(b)7 There is currently no ower to the structure therefore the ventilation eaujpment iS inoperative 6. Lack of minimum amounts of natural light and ventilation required byi� es. NRH Substandard Building Ordinance,Section 5-71(b)8 All heatin ventilation and air-conditioninunscod(HVAC) have been removed from the buildino. As a result. the buildin 's temperature and humidity cannot be oro erly maintained. therebycontributingto the mold rowth. 7. Lack of required eiectricaI liohting, NRN Suostanoard Building Ordinance.Section 5.71(b)1.0 No power. artificial liah tin q... 8. Dampness of habitable rooms. NRH Suostandano Building Ordinance.Section 5-71(b)11 Due to the extensive roof damage and the extent of inadequately protected roof openings. there are several areas that are damn (or have been damn) in nearly every portion of the buildina. 9. Infestation by insects, vermin or rodents. NRH Suostandard Building Ordinance.Section 5-71(b)12 Evidence of termites and rodents were observed during the inspection. Rat feces and carcasses as well as raccoon and/or opossum feces and carcasses were observed. 10. General dilapidation or improper maintenance. NRH Substandard Building Ordinance. Section 5-71(6)13 Structure stripped, damage to interior. Examples: Ceiling support cribs. As evidenced in the hotoaraphic su ort documentation. the building is deteriorating due to neglect and is not bein aroperiy maintained to resist the elements. 1 1. Lack of connection to required sewage disposal system. NRH Substandard Building Ordinance, Section 5-71(b)14 Man if not all toilets and sinks have been removed. What appears to be human feces was found in this structure. III. STRUCTURAL HAZARDS 12. Ceilings, roofs, or supports that sag, split or buckle, due to defective material or deterioration. NRH Substandard Building Ordinance.Section 5-7 7(c)6 Ceiling support arids fallina due to damage durina evacuation. IV. NUISANCE 13. Buildings or portions thereof in which there exists any nuisance as defined by ordinance are deemed substandard buildings NRH Substandard Building Ordinance.Section 5-71(d) Thee is a tremendous accumulation of Barba e trash. and debris. throughout the mall includina food waste and other utrescib/e waste rubbish and rubble includina buildin material waste as a result of demolition and deco as well as deco ina ve etation such as the large pile of brush in Mery nand 's De artment Store dock. This has created ideal harborage conditions for rodents. insects, other animals such as opossums and ossib/ raccoons. NRH Code of Ordinances Cho ter 34. Article ii. Public Nuisances) V. 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 the following: 14. Deteriorated or ineffective waterproofing of exterior walls, roof, foundation or floors, including broken windows or doors. NRH Substandard Building Ordinance Section 5-71(h)2 The buildin roof is in mabr need of re air. Holes as well as o enin s. were observed throu pout the entire buildin . These holes and o eninas allow excessive amounts of moisture into the buildi:la. The moisture has caused mabr rottingof the interior flooring. 15. Broken, rotted, missing, split or buckled exterior walls or wall coverings or roof coverings. NRH Substandard Building Ordinance.Section 5-71(h)4 The building's roof coverin s stem is broken and rotting throw hout the entire roof due to deterioration b the sun and lack of maintenance. VI. FiRE HAZARD 16. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the chief of the fire department or the fire marshal, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause shall be considered a Substandard building. NRH Substandard Building Ordinance.Section 5-710) There is demolition debris. boxes, carpet lumber. trash, brush refuse and other combustible materials throu hout the buildina. All of which will add a fuel load to the buildina. The interior walls of the buildina have been exposed due to recent salvo ina activities andbuildingcode.have revealed an excess of wood artition framing which is not typically allowed by the VII. HAZARDOUS OR INSANITARY PREMISES 17. The accumulation of weeds, vegetation,junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions on a premises constitutes a nuisance to be bated. NRH Substandard Suilding Ord Section 5-71(k) There is a tremendous accumulation of arbaae atrrash, and debris throughout thence, mall Including food waste and other outrescible waste. rubbish and rubble including building material waste as a result of demolition and deco as well as decaying ve etation such as the tare ile of brush in Mery n's De artment Store dock. This has created ideal harborage conditions for rodents insects. and other animals such as opossums and possibly raccoons. NRH Code of Ordinances Cha ter 34. Article 11 Public Nuisances VIII. INADEQUATE FIRE PROTECTION OR FiRE-FIGHTING EQUIPMENT 18. Buildings or portions thereof shall be considered substandard when they are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by the codes of the city, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire- restive integrity and fire-extinguishing systems or equipment have been maintained and improved in relation to any increase in occupant load, alterationtory addition, or any change in occupancy. NRH Substandard Building Ordinance,Section 5-71(m) The bulldln0's fire s rinkler s stem and alarm system have been deactivated and oartiall dismantled. There is excessive dams a to the interior of the structure• inadeauate securit to the buildin and the amount of combustible materials lumber, ca etin tile aoer, lastics. etc. that cause the building to be a otential fire hazard. You are hereby ordered to bring the structure into compliance of the min'' mum heating facilities, ventilation equipment, electrical wiring and fixtures andplumbing fixtures must be installed; the holes in the roof must be repaired; the roof covering system must be 9 replaced; any infestation of insects, vermin or rodents must be treated; the hanging ceiling he grids must be removed or reinstalled; all trash, brush and debris must be removed; t damaged flooring must be removed; and the fire sprinkler system and fire alarm system must be reinstalled and activated. A licensed contractor must secure any required tern y provide a detailed scope of work and timeframe for compliance and commence the mits, required action within 15 days from the date of notice, or by October 17, 2006. Failure comply with this notice and order, which requires all permits to be obtained, a scope to work and schedule submitted and approved by the Building Official, and work commencing within 15 days of receipt of this Notice of Order will result in this property beingscheduled for hearing before the Substandard Building Board. If you choose to securepermits, heduled submit an approved scope and schedule and begin the work within the prescribedtime limits, no hearing before the Board will be scheduled, unless specific dates as identified time the scope and schedule are not met. However, should you halt work or otherwise notified on comply with this order, this matter will be scheduled for a hearing before the Board. d. If any required repair or demolition work is not commenced or com leted specified, Substandard Building Board proceedings wille c p within the time ommenced building repaired, removed or demolished and the cost such assessed d a have the against the land. as a charge Exhibit A DATED this 2th day of October, 2006 0.4"-6.U+. J 6A n Stout 9 - t r of Neighborho d Services ;io`nrPoi'' TIFFANY INAY i �' Notary public,State of Texas f}/ �� o;;F• E+,��: MY Commission Expires _ / r li L. 40 o;i,,,,. March 10, 2008 Tiffany y Board Secretary/Notary Page 4 LDING ORDER OF THE SUBSTANDARD RICHLANDI BOARD CITY OF NORTHHILLS ORDERING REPAIR OR DEMOLITION OF SUBSTANDARD BUILDING SSB 2006-05 TO: La Verne Butterfield, LP 5150 Overland Avenue Culver City CA 90230 DATE: November 30, 2006 WHEREAS, a public hearing was held on November 30, 2006abefor d Frels theil e Substandard Building Board( Board ) of the City of North arding building(s) on the property located at 7600 Boulevard 26, also known as 7650 Boulevard 26, in North Richland Hills, Texas; and, WHEREAS, the records of the office of the county clerk r of the property; thaandt La La Verne Butterfield, LP is the record eV WHEREAS, notice of the public hearing was mailed ord, if apyeat east ten days , to mortgagees, and to lien holders prior to the date of the hearing; and, CE WHEREAS, the Board finds that the defects or conditions DIRECTOR, attached hle eto as and ORDER of NEIGHBORHOOD SERVICES Exhibit "A" and incorporated herein for all purposes, are present in the building(s); and, WHEREAS, the Board finds from evidence presentedv violation at othe n ofpub the im nc ea m ring that the building(s) is/are substandard andand in set forth in Section 98-462 of the Code of to the extent that the li ehe City of North l, ills, and that the defects or conditions exist property or safety of the public are endangered; and, WHEREAS, the Owner has agreed that the pmperty is shed and the rdubble rremovard and ed and has t the structures thereon should be deo presented a detailed plan and time schedule for such work together with a proposal to post a bond or other security adequate debriso coveome cost of demolishing the structures and removing theeb s nd, e WHEREAS, the Board further finds that thirty (3 erm ays t or such demobtion and thatis a reasonale period of im for the owner to secure a building p REPAIR OR DEMOLISH ORDER 1 days from the date of this order is a reasonable period of time within which to begin demolition with completion of such demolition and rubble removal within fifty i.5t calendar days of the beginning of demolition, and that an additional like time is a reasonable time for the mortgagees or lienholders to complete the required demolition of such buildings and removal of rubble in the event the owner fails to comply within the time ordered;. NOW, THEREFORE, THE BOARD HEREBY ORDERS THAT: (1) La Verne Butterfield, LP, owner of the property located at 7600 Boulevard 26, also known as 7650 Boulevard 26, in North Richland Hills, Texas, Lot 1 R, Block A, Calloway Farm Addition, North Richland Hills, Tarrant County Texas shall within thirty (30) days secure a building permit for the demolition of the buildings and their foundations on the property and sign an undertaking post a surety bond or other security satisfactory to the city attorney to guarantee the timely demolition of all buildings and their foundations and removal of rubble. Such demolition shall begin within 75 days of the date of this order and shall be substantially completed within fifty (50) calendar days of beginning of demolition and full completion with removal of rubble within sixty (60) calendar days of the beginning of demolition. Because this case is being heard with other cases involving former North Hills Mall properties and related owners, with similar undertakings and orders, a single performance bond or other security satisfactory to the city attorney in the amount of $1,000,000.00 is hereby established as the required security to guarantee performance of the requirements of the owners in cases SSB-2006-05, SSB-2006-06, SSB- 2006-07 and SSB 2006-08. Should the owner fail to meet any of the scheduled deadlines herein, the city shall require the surety to perform the remaining obligations, or otherwise enforce the security obligations hereunder. (2) The permit must be obtained building(s)the ond posted and work begun and the rubble removed by the completed to demolishg( owner within the times set forth in the preceding paragraph, or if the owner fails to perform within such within such time, by the mortgagees or lienholders within the same time limits after the mortgagees and lienholders are given notice of the owner's failure and this order; provided, however, if the bond or other security is posted and is utilized to accomplish such demolition and removal of rubble, such notice need not be sent. (3) If the permit is not obtained and the bond posted or the work to demolish the building(s) and remove rubble is not completed within the periods of time referenced in the preceding paragraphs, the City of North Richland Hills will demolish the building(s) and charge all expenses incurred by the REPAIR OR DEMOLISH ORDER city to the owner and place a lien upon the property for the amount owed. The costs, together with interest accruing at 10% per annum will be assessed as a charge against the land and will be a personal obligation of the owner. (4) The written agreement of the owner of the property is incorporated herein as Exhibit B. PASSED AND APPROVED THIS 30th DAY OF November, 2006:' Board President REPAIR OR DEMOLISH ORDER ORDER OF THE SUBSTANDARD BUILDING BOARD CITY OF NORTH RICHLAND HILLS ORDERING REPAIR OR DEMOLITION OF SUBSTANDARD BUILDING SSB 2006-06 TO: Tex Mall LP 5150 Overland Avenue Culver City CA 90230 DATE: November 30, 2006 WHEREAS, a public hearing was held on November 30, 2006 before the Substandard Building Board("Board") of the City of North Richland Hills regarding building(s) on the property located at 7570 Boulevard 26, also known as 7624 Boulevard 26, in North Richland Hills, Texas; and WHEREAS, the records of the office of the county clerk indicate that Tex Mall LP is the record owner of the property; and WHEREAS, notice of the public hearing was mailed to the property owner, to mortgagees, and to lien holders of record, if any, at least ten (10) days prior to the date of the hearing; and WHEREAS, the Board finds that the defects or conditions set forth on the NOTICE and ORDER of NEIGHBORHOOD SERVICES DIRECTOR, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the building(s); and WHEREAS, the Board finds from evidence presented at the public hearing that the building(s) is/are substandard and in violation of the minimum standards set forth in Section 98-462 of the Code of the City of North Richland Hills, and that the defects or conditions exist to the extent that the life, health, property or safety of the public are endangered; and WHEREAS, the e ner has agreed that the roperty is substandar nd that the structur- ereon should be de fished and the rubble r oved and has presented a • - -iled plan and time sc dule for such work tog r with a proposal to post a I.•• or other security a uate to cover the cos demolishing the structures - -d removing the debn herefrom; and, WHEREAS, the Board further finds that thirty (30) days is a reasonable period of time for the owner to secure a building permit for such demolition and that 75 410 days from the date of this order is a reasonable period of time within which REPAIR OR DEMOLISH ORDER to begin demolition with completion of such demolition and rubble removal within fifty(50) calendar days of the beginning of demolition, and that an additional like time is a reasonable time for the mortgagees or lienholders to complete the required demolition of such buildings and removal of rubble in the event the owner fails to comply within the time ordered; NOW, THEREFORE, THE BOARD HEREBY ORDERS THAT: (1) Tex Mall LP, "owner" of the property located at 7570 Boulevard 26 also known as 7624 Boulevard 26, in North Richland Hills, Texas, Lot 1 R, Block B, Calloway Farm Addition, North Richland Hills, Tarrant County Texas shall within thirty (30) days secure a building permit for the demolition of the buildings and their foundations on the property and sign an undertaking and post a surety bond or other security satisfactory to the city attorney to guarantee the timely demolition of all buildings and their foundations and removal of rubble. Such demolition shall begin within 75 days of the date of this order and shall be substantially completed within fifty (50) calendar days of beginning of demolition and full completion with removal of rubble within sixty (60) calendar days of the beginning of demolition. Because this case is being heard with other cases involving former North Hills Mall properties and related owners, with similar undertakings and orders, a single performance bond or other security satisfactory to the city attorney in the amount of$1,000,000.00 is hereby established as the required security to guarantee performance of the requirements of the owners in cases SSB-2006-05, SSB-2006-06, SSB- 2006-07 and SSB 2006-08. Should the owner fail to meet any of the scheduled deadlines herein, the city shall require the surety to perform the remaining obligations, or otherwise enforce the security obligations hereunder. (2) The permit must be obtained and the bond posted and work begun and completed to demolish the building(s) and the rubble removed by the owner within the times set forth in the preceding paragraph, or if the owner fails to perform within such within such time, by the mortgagees or lienholders within the same time limits after the mortgagees and lienholders are given notice of the owner's failure and this order; provided, however, if the bond or other security is posted and is utilized to accomplish such demolition and removal of rubble, such notice need not be sent. (3) If the permit is not obtained and the bond posted or the work to demolish the building(s) and remove rubble is not completed within the periods of time referenced in the preceding paragraphs, the City of North Richland Hills will demolish the building(s) and charge all expenses incurred by the REPAIR OR DEMOLISH ORDER city to the owner and place a lien upon the property for the amount owed. The costs, together with interest accruing at 10% per annum will be assessed as a charge against the land and will be a personal obligation of the owner. (4) The w>riftcr-agreement of the o r of the pro is incorporat as Exhibit B. PASSED AND APPROVED THIS 30th DAY OF November, 2006. Board President REPAIR OR DEMOLISH ORDER ORDER OF THE SUBSTANDARD BUILDING BOARD CITY OF NORTH RICHLAND HILLS ORDERING REPAIR OR DEMOLITION OF SUBSTANDARD BUILDING SSB 2006-07 TO: Tex Mery LP 5150 Overland Avenue Culver City CA 90230 DATE: November 30, 2006 WHEREAS, a public hearing was held on November 30, 2006 before the Substandard Building Board("Board") of the City of North Richland Hills regarding building(s) on the property located at 7600 Boulevard 26, in North Richland Hills, Texas; and WHEREAS, the records of the office of the county clerk indicate that Tex Mery LP is the record owner of the property; and WHEREAS, notice of the public hearing was mailed to the property owner, to mortgagees, and to lien holders of record, if any, at least ten (10) days prior to the date of the hearing; and WHEREAS, the Board finds that the defects or conditions set forth on the Substandard Building Inspection Reports, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the building(s); and WHEREAS, the Board finds from evidence presented at the public hearing that the building(s) is/are substandard and in violation of the minimum standards set forth in Section 98-462 of the Code of the City of North Richland Hills, and that the defects or conditions exist to the extent that the life, health, property or safety of the public are endangered; and WHEREAS, the Owner has agreed that the property is substandard and that the structures thereon should be demolished and the rubble removed and has presented a detailed plan and time schedule for such work together with a proposal to post a bond or other security adequate to cover the cost of demolishing the structures and removing the debris therefrom; and, WHEREAS, the Board further finds that thirty (30) days is a reasonable period of time for the owner to secure a building permit for such demolition and that 75 days from the date of this order is a reasonable period of time within which to begin demolition with completion of such demolition and rubble removal REPAIR OR DEMOLISH ORDER within fifty (50) calendar days of the beginning of demolition, and that an additional like time is a reasonable time for the mortgagees or lienholders to complete the required demolition of such buildings and removal of rubble in the event the owner fails to comply within the time ordered; NOW, THEREFORE, THE BOARD HEREBY ORDERS THAT: (1) Tex Mery LP, "owner" of the property located at 7600 Boulevard 26 in North Richland Hills, Texas, Lot 1R, Block C, Calloway Farm Addition, North Richland Hills, Tarrant County Texas shall within thirty (30) days secure a building permit for the demolition of the buildings and their foundations on the property and sign an undertaking and post a surety bond or other security satisfactory to the city attorney to guarantee the timely demolition of all buildings and their foundations and removal of rubble. Such demolition shall begin within 75 days of the date of this order and shall be substantially completed within fifty (50) calendar days of beginning of demolition and full completion with removal of rubble within sixty (60) calendar days of the beginning of demolition. Because this case is being heard with other cases involving former North Hills Mall properties and related owners, with similar undertakings and orders, a single performance bond or other security satisfactory to the city attorney in the amount of $1,000,000.00 is hereby established as the required security to guarantee performance of the requirements of the owners in cases SSB- 2006-05, SSB-2006-06, SSB-2006-07 and SSB 2006-08. Should the owner fail to meet any of the scheduled deadlines herein, the city shall require the surety to perform the remaining obligations, or otherwise enforce the security obligations hereunder. (2) The permit must be obtained and the bond posted and work begun and completed to demolish the building(s) and the rubble removed by the owner within the times set forth in the preceding paragraph, or if the owner fails to perform within such within such time, by the mortgagees or lienholders within the same time limits after the mortgagees and lienholders are given notice of the owner's failure and this order; provided, however, if the bond or other security is posted and is utilized to accomplish such demolition and removal of rubble, such notice need not be sent. (3) If the permit is not obtained and the bond posted or the work to demolish the building(s) and remove rubble is not completed within the periods of time referenced in the preceding paragraphs, the City of North Richland Hills will demolish the building(s) and charge all expenses incurred by the city to the owner and place a lien upon the property for the amount owed. The costs, together with interest accruing at 10% per annum will be REPAIR OR DEMOLISH ORDER assessed as a charge against the land and will be a personal obligation of the owner. (4) The written agreement of the owner of the property is incorporated herein as Exhibit B. PASSED AND APPROVED THIS 30th DAY OF November, 2006. Board President REPAIR OR DEMOLISH ORDER ORDER OF THE SUBSTANDARD BUILDING BOARD CITY OF NORTH RICHLAND HILLS ORDERING REPAIR OR DEMOLITION OF SUBSTANDARD BUILDING SSB 2006-08 TO: Tex Mery LP 5150 Overland Avenue Culver City CA 90230 DATE: November 30, 2006 WHEREAS, a public hearing was held on November 30, 2006 before the Substandard Building Board("Board") of the City of North Richland Hills regarding building(s) on the property located at 7550 Boulevard 26, in North Richland Hills, Texas; and WHEREAS, the records of the office of the county clerk indicate that Tex Mery LP is the record owner of the property; and WHEREAS, notice of the public hearing was mailed to the property owner, to mortgagees, and to lien holders of record, if any, at least ten (10) days prior to the date of the hearing; and WHEREAS, the Board finds that the defects or conditions set forth on the NOTICE and ORDER of NEIGHBORHOOD SERVICES DIRECTOR, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the building(s); and WHEREAS, the Board finds from evidence presented at the public hearing that the building(s) is/are substandard and in violation of the minimum standards set forth in Section 98-462 of the Code of the City of North Richland Hills, and that the defects or conditions exist to the extent that the life, health, property or safety of the public are endangered; and WHEREAS, the Owner has agreed that the property is substandard and that the structures thereon should be demolished and the rubble removed and has presented a detailed plan and time schedule for such work together with a proposal to post a bond or other security adequate to cover the cost of demolishing the structures and removing the debris therefrom; and, WHEREAS, the Board further finds that thirty (30) days is a reasonable period of time for the owner to secure a building permit for such demolition and that 75 days from the date of this order is a reasonable period of time within which REPAIR OR DEMOLISH ORDER to begin demolition with completion of such demolition and rubble removal within fifty (50) calendar days of the beginning of demolition, and that an additional like time is a reasonable time for the mortgagees or lienholders to complete the required demolition of such buildings and removal of rubble in the event the owner fails to comply within the time ordered; NOW, THEREFORE, THE BOARD HEREBY ORDERS THAT: (1) Tex Mery LP, "owner" of the property located at 7550 Boulevard 26 in North Richland Hills, Texas, Lot 1 R, Block D, Calloway Farm Addition, North Richland Hills, Tarrant County Texas shall within thirty (30) days secure a building permit for the demolition of the buildings and their foundations on the property and sign an undertaking and post a surety bond or other security satisfactory to the city attorney to guarantee the timely demolition of all buildings and their foundations and removal of rubble. Such demolition shall begin within 75 days of the date of this order and shall be substantially completed within fifty (50) calendar days of beginning of demolition and full completion with removal of rubble within sixty (60) calendar days of the beginning of demolition. Because this case is being heard with other cases involving former North Hills Mall properties and related owners, with similar undertakings and orders, a single performance bond or other security satisfactory to the city attorney in the amount of$1,000,000.00 is hereby established as the required security to guarantee performance of the requirements of the owners in cases SSB- 2006-05, SSB-2006-06, SSB-2006-07 and SSB 2006-08. Should the owner fail to meet any of the scheduled deadlines herein, the city shall require the surety to perform the remaining obligations, or otherwise enforce the security obligations hereunder. (2) The permit must be obtained and the bond posted and work begun and completed to demolish the building(s) and the rubble removed by the owner within the times set forth in the preceding paragraph, or if the owner fails to perform within such within such time, by the mortgagees or lienholders within the same time limits after the mortgagees and lienholders are given notice of the owner's failure and this order; provided, however, if the bond or other security is posted and is utilized to accomplish such demolition and removal of rubble, such notice need not be sent. (3) If the permit is not obtained and the bond posted or the work to demolish the building(s) and remove rubble is not completed within the periods of time referenced in the preceding paragraphs, the City of North Richland Hills will demolish the building(s) and charge all expenses incurred by the city to the owner and place a lien upon the property for the amount owed. The costs, together with interest accruing at 10% per annum will be REPAIR OR DEMOLISH ORDER assessed as a charge against the land and will be a personal obligation of the owner. (4) The written agreerrr�fn OIthe owner of tlwproperty4sJncorporated herein a xhibit a---- PASSED PASSED AND APPROVED THIS 30th DAY OF November, 2006. Board President REPAIR OR DEMOLISH ORDER q 4{ TARRANT COUNTY COURTHOUSE 100 W. WEATHERFORD FORT WORTH, TX 76196 (817) 884-1195 Customer: TIFFANY INAY/ N RICHLAND HILLS Page 1 of 1 Receipt#: 542094 Date: 12/05/2006 11:21 AM Department: OPR Work Station: CCTCO29034 Instrument# Description Pages Quantity Amount D206381013 OPR 7 1 $40.00 D206381014 OPR 8 1 $44.00 D206381015 OPR 6 1 $36.00 D206381016 OPR 7 1 $40.00 Total: $160.00 Payments: CCAUTH 4160 $160.00 Total Payments: $160.00 THANK YOU SUZANNE HENDERSON COUNTY CLERK F 1 G:.rtified Payments - Payment Screens - Step 6 Page 1 of 2 e c +� - <� er en ,. ,..s iv, --,1 1 a m ,,, „,.,,„,. . ,, t, . \} „.„.....,.. --------- --- - -- ----- -,, , ,,,-, ..,,e''‘ i‘,"' Horne Begin a Payment Support Contact Us Digital Receipt Please print this page for your records. You will need this information if you need to contact the bureau for any reason regarding this payment. Tarrant County Clerk Payment Information Transaction Information Payment Type OPR- 1895 Payment ID 16501425 Courthouse Payment Amount $160.00 Auth. Response 094442 Convenience Fee Amount $6.40 Total Amount $166.40 Information Billing Information Receipt Number or Case First Name city 542094 Number Middle Name of First Name city Last Name north richland hills MIddle Name of Name Suffix Last Name north richland hills Telephone 817-427-6663 Name Suffix Address 7600 Blvd 26 Telephone 817-427-6663 Address 7600 Blvd 26 .�_,_,..„ _.._. City NORTH RICHLAND HILLS _... _._..___.,..__.______._ State Texas City NORTH RICHLAND HILLS ZIP Code 76180 State Texas Country United States Postal Code 76180 Country United States Credit Card Information Card Type Mastercard Card Number xxxxxxxxxxxx4160 Exp. Date xx/ xxxx Security Code Hidden for Security Email Address https://certifiedpayments.net/PaymentWizard_10.aspx 12/5/2006 _ • co .,.,. J--) a co 0 ,.3 g ? , 1--- (r) . 5:: 1/4.n ci .t 1 ........... ........... •..•....•....•....•...., ,-4- co I r- .-F--- C . E •-_,c9 iigii "" co co co co •,- k_)',3-, (0 :i:n-i:i (0 co -ca.' 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Z iiii:iii ti)'2 ._ . -(:). -o co 0 i:i!!:i; E C.5 > -0 co = CI3 C4 -0 0 E c) ._ ••••••••••• •-. . as ‹r a) a) E MI .§ c >, p y E Co o as Ta ca I Fo I co Z It) Y.P.' It) 0 V) (C) Lc) F- -0 C) if?i::::? c\I 0 (0 ,_ •ct Cn -0 co i::,:-:: r--- F-• 0) 00 Lc) r- m , iii?i':i' •-• 1.) E c , .•.,•......*:...:• ...... _ al \ . _0_ E ,- iiiI:i.ii f, . c _c co ..0 co al :itn. .- - .c = 0 z 0 ,. ,. 2 a. -1 CO 02 ---........... :....-...:....-i:.% ...... a) 0) ...„.:.:. u as ,- .........._ co v La (0 r- ..., ii:::: -----7. ....._3 •b < •..... co q -c z c..) 0 Q":) 6. cz, ---- c .....,('Ic..„, TARRANT COUNTY COURTHOUSE 100 W. WEATHERFORD FORT WORTH, TX 76196 (817) 884-1195 Customer: CITY OF NORTH RICHLAND HILLS Page 1 of 1 Receipt#: 534055 Date: 11/17/2006 12:02 PM Department: OPR Work Station: CCTCO24443 Instrument# Description Pages Quantity Amount D206363723 OPR 2 1 $20.00 D206363724 OPR 3 1 $24.00 D206363725 OPR 3 1 $24.00 D206363726 OPR 3 1 $24.00 Total: $92.00 Payments: CC AUTH 4160 $92.00 Total Payments: $92.00 ()C\-\ C) \7' „ c1 - 0M3 flci THANK YOU SUZANNE HENDERSON COUNTY CLERK Certified Payments - Payment Screens - Step 6 Page 1 of 2 Certified Home Begin a Payment Support Contact Us Digital Receipt Please print this page for your records. You will need this information if you need to contact the bureau for any reason regarding this payment. Tarrant County Clerk Payment Information Transaction Information Payment Type OPR- 1895 payment ID 16184919 Courthouse Payment Amount $92.00 Auth.Response 066886 Convenience Fee Amount $3.68 Total Amount $95.68 Information Billing Information Receipt Number or Case First Name tiffany Number 534055 Middle Name First Name tiffany --- Last Name inay MIddle Name Name Suffix Last Name inay Telephone 817-427-6650 Name Suffix Address 7200 c dick fisher drive s Telephone 817-427-6650 Address 7200 c dick fisher drives " _._.__.._ City NORTHRICHLAND HILLS State Texas City NORTHRICHLAND HILLS ZIP Code 76180 _ m._ _...... State Texas Country United States Postal Code 76180 Country United States Credit Card Information Card Type Mastercard Card Number xxxxxxxxxxxx4160 Exp. Date xx/xxxx Security Code Hidden for Security Email Address httns://certifiednavments.net/PavmentWizard 10.asnx 11/17/2006 Page 1 of 1 Tiffany !nay From: Tiffany Inay t1 39 b _ 7 u Sent: Wednesday, December 06, 2006 4:50 PM To: 'jfgregory@star-telegram.com' 1.e4 Subject: FW: Board Orders-legal section ncA,c Attachments: SSB 2006-05 Foly's.doc; SSB 2006-06 Mall.doc; SSB 2006-07 Stripling &Cox.doc; SSB 2006-08 Mervyn's.doc Hey Janice, I noticed in the paper today that our add wasn't in there. I was just checking to see what is going on. I left you a voicemail and re-faxed it today. If you can put this in Friday and Saturday's paper if they have been in Wed and Thurs. Can you give me a call and let me know what day and that you have received them? Thanks, Tiffany 817.427.6650 Or 817.714.7242 From: Tiffany Inay Sent: Monday, December 04, 2006 12:33 PM To: 'jfgregory@star-telegram.com' Subject: Board Orders-legal section Good Morning! Could you please post these in Wednesday the 6th and Thursday the 7th paper under the legal section? If you are unable to view them please let me know and I will fax a copy over to you. Also on a personal note we appreciate everything that you do and they way you helped us with our last posting. Tiffany Inay 817.427.6663 12/6/2006 1 ORDER OF THE SUBSTANDARD BUILDING BOARD CITY OF NORTH RICHLAND HILLS ORDERING REPAIR OR DEMOLITION OF SUBSTANDARD BUILDING SSB 2006-05 TO: La Verne Butterfield, LP 5150 Overland Avenue Culver City CA 90230 DATE:November 30, 2006 WHEREAS, a public hearing was held on November 30, 2006 before the Substandard Building Board("Board") of the City of North Richland Hills regarding building(s) on the property located at 7600 Boulevard 26, also known as 7650 Boulevard 26, in North Richland Hills, Texas; and, WHEREAS, the records of the office of the county clerk indicate that La Verne Butterfield, LP is the record owner of the property; and, WHEREAS, notice of the public hearing was mailed to the property owner, to mortgagees, and to lien holders of record, if any, at least ten (10) days prior to the date of the hearing; and, WHEREAS, the Board finds that the defects or conditions set forth on the NOTICE and ORDER of NEIGHBORHOOD SERVICES DIRECTOR, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the building(s); and, WHEREAS, the Board finds from evidence presented at the public hearing that the building(s) is/are substandard and in violation of the minimum standards set forth in Section 98-462 of the Code of the City of North Richland Hills, and that the defects or conditions exist to the extent that the life, health, property or safety of the public are endangered; and, WHEREAS, the Board further finds that thirty (30) days is a reasonable period of time for the owner to secure a building permit for such demolition and that 75 days from the date of this order is a reasonable period of time within which to begin demolition with completion of such demolition and rubble removal within sixty (60) calendar days of the beginning of demolition, and that an additional like time is a reasonable time for the mortgagees or lienholders REPAIR OR DEMOLISH ORDER to complete the required demolition of such buildings and removal of rubble in the event the owner fails to comply within the time ordered;. NOW, THEREFORE, THE BOARD HEREBY ORDERS THAT: (1) La Verne Butterfield, LP, owner of the property located at 7600 Boulevard 26, also known as 7650 Boulevard 26, in North Richland Hills, Texas, Lot 1 R, Block A, Calloway Farm Addition, North Richland Hills, Tarrant County Texas shall within thirty (30) days secure a building permit for the demolition of the buildings and their foundations on the property and sign an undertaking and by January 15, 2007 post a surety bond or other security satisfactory to the city attorney to guarantee the timely demolition of all buildings and their foundations and removal of rubble. Such demolition shall begin within 75 days of the date of this order and shall be substantially completed within fifty (50) calendar days of beginning of demolition and full completion with removal of rubble within sixty (60) calendar days of the beginning of demolition. Because this case is being heard with other cases involving former North Hills Mall properties and related owners, with similar undertakings and orders, a single performance bond or other security satisfactory to the city attorney in the amount of$1,000,000.00 is hereby established as the required security to guarantee performance of the requirements of the owners in cases SSB- 2006-05, SSB-2006-06, SSB-2006-07 and SSB 2006-08. Should the owner fail to meet any of the scheduled deadlines herein, the city shall require the surety to perform the remaining obligations, or otherwise enforce the security obligations hereunder. (2) The permit must be obtained and the bond posted and work begun and completed to demolish the building(s) and the rubble removed by the owner within the times set forth in the preceding paragraph, or if the owner fails to perform within such within such time, by the mortgagees or lienholders within the same time limits after the mortgagees and lienholders are given notice of the owner's failure and this order; provided, however, if the bond or other security is posted and is utilized to accomplish such demolition and removal of rubble, such notice need not be sent. (3) If the permit is not obtained and the bond posted or the work to demolish the building(s) and remove rubble is not completed within the periods of time referenced in the preceding paragraphs, the City of North Richland Hills will demolish the building(s) and charge all expenses incurred by the city to the owner and place a lien upon the property for the amount owed. The costs, together with interest accruing at 10% per annum will be REPAIR OR DEMOLISH ORDER assessed as a charge against the land and will be a personal obligation of the owner. PASSED AND APPROVED THIS 30th DAY OF November, 2006. Board President GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 30th DAY OF NOVEMBER 2006. Board Secretary/Notary REPAIR OR DEMOLISH ORDER ORDER OF THE SUBSTANDARD BUILDING BOARD CITY OF NORTH RICHLAND HILLS ORDERING REPAIR OR DEMOLITION OF SUBSTANDARD BUILDING SSB 2006-06 TO: Tex Mall LP 5150 Overland Avenue Culver City CA 90230 DATE:November 30, 2006 WHEREAS, a public hearing was held on November 30, 2006 before the Substandard Building Board("Board") of the City of North Richland Hills regarding building(s) on the property located at 7570 Boulevard 26, also known as 7624 Boulevard 26, in North Richland Hills, Texas; and WHEREAS, the records of the office of the county clerk indicate that Tex Mall LP is the record owner of the property; and WHEREAS, notice of the public hearing was mailed to the property owner, to mortgagees, and to lien holders of record, if any, at least ten (10) days prior to the date of the hearing; and WHEREAS, the Board finds that the defects or conditions set forth on the NOTICE and ORDER of NEIGHBORHOOD SERVICES DIRECTOR, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the building(s); and WHEREAS, the Board finds from evidence presented at the public hearing that the building(s) is/are substandard and in violation of the minimum standards set forth in Section 98-462 of the Code of the City of North Richland Hills, and that the defects or conditions exist to the extent that the life, health, property or safety of the public are endangered; and WHEREAS, the Board further finds that thirty (30) days is a reasonable period of time for the owner to secure a building permit for such demolition and that 75 days from the date of this order is a reasonable period of time within which to begin demolition with completion of such demolition and rubble removal within sixty (60) calendar days of the beginning of demolition, and that an additional like time is a reasonable time for the mortgagees or lienholders to complete the required demolition of such buildings and removal of rubble in the event the owner fails to comply within the time ordered; REPAIR OR DEMOLISH ORDER NOW, THEREFORE, THE BOARD HEREBY ORDERS THAT: (1) Tex Mall LP, "owner" of the property located at 7570 Boulevard 26 also known as 7624 Boulevard 26, in North Richland Hills, Texas, Lot 1 R, Block B, Calloway Farm Addition, North Richland Hills, Tarrant County Texas shall within thirty (30) days secure a building permit for the demolition of the buildings and their foundations on the property and sign an undertaking and by January 15, 2006 post a surety bond or other security satisfactory to the city attorney to guarantee the timely demolition of all buildings and their foundations and removal of rubble. Such demolition shall begin within 75 days of the date of this order and shall be substantially completed within fifty (50) calendar days of beginning of demolition and full completion with removal of rubble within sixty (60) calendar days of the beginning of demolition. Because this case is being heard with other cases involving former North Hills Mall properties and related owners, with similar undertakings and orders, a single performance bond or other security satisfactory to the city attorney in the amount of $1,000,000.00 is hereby established as the required security to guarantee performance of the requirements of the owners in cases SSB- 2006-05, SSB-2006-06, SSB-2006-07 and SSB 2006-08. Should the owner fail to meet any of the scheduled deadlines herein, the city shall require the surety to perform the remaining obligations, or otherwise enforce the security obligations hereunder. (2) The permit must be obtained and the bond posted and work begun and completed to demolish the building(s) and the rubble removed by the owner within the times set forth in the preceding paragraph, or if the owner fails to perform within such within such time, by the mortgagees or lienholders within the same time limits after the mortgagees and lienholders are given notice of the owner's failure and this order; provided, however, if the bond or other security is posted and is utilized to accomplish such demolition and removal of rubble, such notice need not be sent. (3) If the permit is not obtained and the bond posted or the work to demolish the building(s) and remove rubble is not completed within the periods of time referenced in the preceding paragraphs, the City of North Richland Hills will demolish the building(s) and charge all expenses incurred by the city to the owner and place a lien upon the property for the amount owed. The costs, together with interest accruing at 10% per annum will be assessed as a charge against the land and will be a personal obligation of the owner. REPAIR OR DEMOLISH ORDER PASSED AND APPROVED THIS 30th DAY OF November, 2006. Board President GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 30th DAY OF NOVEMBER 2006. Board Secretary/Notary REPAIR OR DEMOLISH ORDER ORDER OF THE SUBSTANDARD BUILDING BOARD CITY OF NORTH RICHLAND HILLS ORDERING REPAIR OR DEMOLITION OF SUBSTANDARD BUILDING SSB 2006-07 TO: Tex Mery LP 5150 Overland Avenue Culver City CA 90230 DATE:November 30, 2006 WHEREAS, a public hearing was held on November 30, 2006 before the Substandard Building Board("Board") of the City of North Richland Hills regarding building(s) on the property located at 7600 Boulevard 26, in North Richland Hills, Texas; and WHEREAS, the records of the office of the county clerk indicate that Tex Mery LP is the record owner of the property; and WHEREAS, notice of the public hearing was mailed to the property owner, to mortgagees, and to lien holders of record, if any, at least ten (10) days prior to the date of the hearing; and WHEREAS, the Board finds that the defects or conditions set forth on the Substandard Building Inspection Reports, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the building(s); and WHEREAS, the Board finds from evidence presented at the public hearing that the building(s) is/are substandard and in violation of the minimum standards set forth in Section 98-462 of the Code of the City of North Richland Hills, and that the defects or conditions exist to the extent that the life, health, property or safety of the public are endangered; and WHEREAS, the Board further finds that thirty (30) days is a reasonable period of time for the owner to secure a building permit for such demolition and that 75 days from the date of this order is a reasonable period of time within which to begin demolition with completion of such demolition and rubble removal within sixty (60) calendar days of the beginning of demolition, and that an additional like time is a reasonable time for the mortgagees or lienholders to complete the required demolition of such buildings and removal of rubble in the event the owner fails to comply within the time ordered; REPAIR OR DEMOLISH ORDER NOW, THEREFORE, THE BOARD HEREBY ORDERS THAT: (1) Tex Mery LP, "owner" of the property located at 7600 Boulevard 26 in North Richland Hills, Texas, Lot 1 R, Block C, Calloway Farm Addition, North Richland Hills, Tarrant County Texas shall within thirty (30) days secure a building permit for the demolition of the buildings and their foundations on the property and sign an undertaking and by January 15, 2007 post a surety bond or other security satisfactory to the city attorney to guarantee the timely demolition of all buildings and their foundations and removal of rubble. Such demolition shall begin within 75 days of the date of this order and shall be substantially completed within fifty (50) calendar days of beginning of demolition and full completion with removal of rubble within sixty (60) calendar days of the beginning of demolition. Because this case is being heard with other cases involving former North Hills Mall properties and related owners, with similar undertakings and orders, a single performance bond or other security satisfactory to the city attorney in the amount of $1,000,000.00 is hereby established as the required security to guarantee performance of the requirements of the owners in cases SSB-2006-05, SSB-2006-06, SSB-2006-07 and SSB 2006-08. Should the owner fail to meet any of the scheduled deadlines herein, the city shall require the surety to perform the remaining obligations, or otherwise enforce the security obligations hereunder. (2) The permit must be obtained and the bond posted and work begun and completed to demolish the building(s) and the rubble removed by the owner within the times set forth in the preceding paragraph, or if the owner fails to perform within such within such time, by the mortgagees or lienholders within the same time limits after the mortgagees and lienholders are given notice of the owner's failure and this order; provided, however, if the bond or other security is posted and is utilized to accomplish such demolition and removal of rubble, such notice need not be sent. (3) If the permit is not obtained and the bond posted or the work to demolish the building(s) and remove rubble is not completed within the periods of time referenced in the preceding paragraphs, the City of North Richland Hills will demolish the building(s) and charge all expenses incurred by the city to the owner and place a lien upon the property for the amount owed. The costs, together with interest accruing at 10% per annum will be assessed as a charge against the land and will be a personal obligation of the owner. REPAIR OR DEMOLISH ORDER PASSED AND APPROVED THIS 30th DAY OF November, 2006. Board President GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 30th DAY OF NOVEMBER 2006. Board Secretary/Notary REPAIR OR DEMOLISH ORDER ORDER OF THE SUBSTANDARD BUILDING BOARD CITY OF NORTH RICHLAND HILLS ORDERING REPAIR OR DEMOLITION OF SUBSTANDARD BUILDING SSB 2006-08 TO: Tex Mery LP 5150 Overland Avenue Culver City CA 90230 DATE:November 30, 2006 WHEREAS, a public hearing was held on November 30, 2006 before the Substandard Building Board("Board") of the City of North Richland Hills regarding building(s) on the property located at 7550 Boulevard 26, in North Richland Hills, Texas; and WHEREAS, the records of the office of the county clerk indicate that Tex Mery LP is the record owner of the property; and WHEREAS, notice of the public hearing was mailed to the property owner, to mortgagees, and to lien holders of record, if any, at least ten (10) days prior to the date of the hearing; and WHEREAS, the Board finds that the defects or conditions set forth on the NOTICE and ORDER of NEIGHBORHOOD SERVICES DIRECTOR, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the building(s); and WHEREAS, the Board finds from evidence presented at the public hearing that the building(s) is/are substandard and in violation of the minimum standards set forth in Section 98-462 of the Code of the City of North Richland Hills, and that the defects or conditions exist to the extent that the life, health, property or safety of the public are endangered; and WHEREAS, the Board further finds that thirty (30) days is a reasonable period of time for the owner to secure a building permit for such demolition and that 75 days from the date of this order is a reasonable period of time within which to begin demolition with completion of such demolition and rubble removal within sixty (60) calendar days of the beginning of demolition, and that an additional like time is a reasonable time for the mortgagees or lienholders to complete the required demolition of such buildings and removal of rubble in the event the owner fails to comply within the time ordered; REPAIR OR DEMOLISH ORDER NOW, THEREFORE, THE BOARD HEREBY ORDERS THAT: (1) Tex Mery LP, "owner" of the property located at 7550 Boulevard 26 in North Richland Hills, Texas, Lot 1 R, Block D, Calloway Farm Addition, North Richland Hills, Tarrant County Texas shall within thirty (30) days secure a building permit for the demolition of the buildings and their foundations on the property and sign an undertaking and by January 15, 2007 post a surety bond or other security satisfactory to the city attorney to guarantee the timely demolition of all buildings and their foundations and removal of rubble. Such demolition shall begin within 75 days of the date of this order and shall be substantially completed within fifty (50) calendar days of beginning of demolition and full completion with removal of rubble within sixty (60) calendar days of the beginning of demolition. Because this case is being heard with other cases involving former North Hills Mall properties and related owners, with similar undertakings and orders, a single performance bond or other security satisfactory to the city attorney in the amount of $1,000,000.00 is hereby established as the required security to guarantee performance of the requirements of the owners in cases SSB-2006-05, SSB-2006-06, SSB-2006-07 and SSB 2006-08. Should the owner fail to meet any of the scheduled deadlines herein, the city shall require the surety to perform the remaining obligations, or otherwise enforce the security obligations hereunder. (2) The permit must be obtained and the bond posted and work begun and completed to demolish the building(s) and the rubble removed by the owner within the times set forth in the preceding paragraph, or if the owner fails to perform within such within such time, by the mortgagees or lienholders within the same time limits after the mortgagees and lienholders are given notice of the owner's failure and this order; provided, however, if the bond or other security is posted and is utilized to accomplish such demolition and removal of rubble, such notice need not be sent. (3) If the permit is not obtained and the bond posted or the work to demolish the building(s) and remove rubble is not completed within the periods of time referenced in the preceding paragraphs, the City of North Richland Hills will demolish the building(s) and charge all expenses incurred by the city to the owner and place a lien upon the property for the amount owed. The costs, together with interest accruing at 10% per annum will be assessed as a charge against the land and will be a personal obligation of the owner. REPAIR OR DEMOLISH ORDER PASSED AND APPROVED THIS 30th DAY OF November, 2006. Board President GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 30th DAY OF NOVEMBER 2006. Board Secretary/Notary REPAIR OR DEMOLISH ORDER DEC-06-2006 (WED) 16: 45 City of NRH N. S. Dept (FAX) 817 427 6656 e. UUI Transaction Report Send Transaction(s) completed No. TX Date/Time Destination Duration P. # Result Mode 103 DEC-06 16 : 43 98173907520 0'01' 52' 013 OK N ECM Page 1 of1_ Tiffany !nay :1)64 From: Tiffany !nay Sent: Wednesday, December 06,2006 4:50 PM To: 'jfgregoryt star-telegram.com' P144n'" 1`e Subject: FW: Board Orders-legal section n ,C..Q Attachments: SSB 2006-05 Foly's.doc; SSB 2006-06 Mall.doc;SSB 2006-07 Stripling &Cox.doc; SSB 2006-08 Mervyn's.doc Hey Janice, I noticed in the paper today that our add wasn't in there_ I was just chocking to see what is going on. I left you a voicemail and re-faxed it today. If you can put this in Friday and Saturday's paper if they have been in Wed and Thurs. Can you give me a call and let me know what day and that you have received them? Thanks, Tiffany 817.427.6650 Or 817.714.7242 From: Tiffany Inay Sent: Monday, December 04, 2006 12:33 PM To: 'jfgregory@star-telegram.com' Subject: Board Orders-legal section Good Morning! Could you please post these in Wednesday the 6th and Thursday the 7th paper under the legal section? If you are unable to view them please let me know and I will fax a copy over to you. Also on a personal note we appreciate everything that you do and they way you helped us with our last posting. Tiffany Ina • 817.427.6663 Notice of Hearing City of North Richland Hills Substandard Building Board Notice is hereby given that a meeting of the City of North Richland Hills Substandard Building Board will be held at 2:00 p.m. on Thursday, November 30, 2006, at City Hall, 7301 NE Loop 820, North Richland Hills Texas. A public hearing will be held to consider action regarding the following substandard building(s) in accordance with the city's substandard building regulations, North Richland Hills Code of Ordinances Chapter 98: SBB 2006-05 7600 Boulevard 26 (aka: 7650 Boulevard 26), North Richland Hills TX 76180, legally described as Lot 1 R, Block A, Calloway Farm Addition, an addition to the City of North Richland Hills, Tarrant County. Said place and premises are owned and controlled by: La Verne Butterfield LP; 5150 Overland Avenue; Culver City CA 90230. Violations of city standards present at the building are as follows: I. GENERAL CONDITIONS 1. The structure is currently unfit for human occupation. At the minimum, there is no working plumbing and no power in addition to other issues within the structure. The escalator steps and some of the railing surrounding the escalator on the second floor have been removed. The building has multiple major roof leaks throughout, which have allowed the elements (including rain water) to enter the building. Several locations contain significant mold growths. 2. The property owner has made an attempt to secure the structure, but it is inadequate to prevent unauthorized access. Even though a fence surrounds the structure, the fence is not adequate to prevent entry. Not all rooftop access is secured throughout the attached structures. The building has major roof damage, including inadequately repaired roof openings where roof-top equipment was formerly located. There are indications that the structure could have been accessed, but no "living quarters" were located during the inspection. II. INADEQUATE SANITATION 3. There is no power to this property at this time which equates to no heating facilities. 4. The power has been cut and no ventilation equipment is currently operational. 5. All heating, ventilation and air-conditioning units (HVAC) have been removed from the building. As a result, the building's temperature and humidity cannot be properly maintained, thereby contributing to the mold growth. 6. There is no power at this location and no electrical lighting. 7. There is mold on the East, North and West exterior walls due to leaks. There is also standing water in/near the dock area. Due to the extensive roof damage and the extent of inadequately protected roof openings, there are several areas that are damp (or have been damp) in nearly every portion of the building. 8. Evidence of rodents including a carcass and feces were observed during the inspection. 9. There are visible holes in the walls and damaged flooring throughout the structure. In addition, there is a leak in/near the dock area and damaged walls in the dock area. The building is deteriorating due to neglect and is not being properly maintained to resist the elements. 10. Many sinks and toilets have been removed. II. STRUCTURAL HAZARDS 11.The steps have been removed from the escalator creating a drop from the 2nd floor to the 1st floor. The railing around the opening has also been removed. III. NUISANCE 12. a. Railing was removed from the area around the escalator creating a condition which might be a potential cause of personal injury to the occupants or the public. b. Failure to maintain sanitary plumbing fixtures. c. Noxious/disagreeable odors repulsive to the physical senses. d. Permitting an accumulation of garbage, rubble, debris. e. There is a tremendous accumulation of garbage, trash, and debris throughout the mall including food waste and other putrescible waste, rubbish and rubble including building material waste as a result of demolition and decay found throughout. IV. FAULTY WEATHER PROTECTION 13. Mold on East, North and West walls. 14. Leak in roof/wall near East, North and West walls. Visible opening at NE corner. The building's roof is in major need of repair. Holes, as well as openings, were observed throughout the entire building. These holes and openings allow excessive amounts of moisture into the building. The moisture has caused rotting and buckling of the interior flooring in the Foley's Department Store. V. FIRE HAZARD 15. The building is in such a condition as to provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. There is demolition debris, boxes, carpet, lumber, trash, brush, refuse and other combustible materials throughout the building. All of which will add a fuel load to the building. The interior walls of the building have been exposed due to recent salvaging activities and have revealed an excess of wood partition framing which is not typically allowed by the building code. VI. HAZARDOUS OR INSANITARY PREMISES 16. There is a tremendous accumulation of garbage, trash, and debris throughout the mall including food waste and other putrescible waste, rubbish and rubble including building material waste as a result of demolition and decay. VII. INADEQUATE FIRE PROTECTION OR FIRE-FIGHTING EQUIPMENT 17. The building's fire sprinkler system and alarm system have been deactivated and partially dismantled. There is excessive damage to the interior of the structure, inadequate security to the building, and the amount of combustible materials (lumber, carpeting, tile, paper, plastics, etc.,) that cause the building to be a potential fire hazard. The board will determine whether the building complies with the standards set out in the ordinance and consider whether to uphold the Building Official and the Director of Neighborhood Services' order to repair or demolish the structure and remove all debris. In either case, if the ordered action is not taken within a reasonable time specified by the Board, the City will vacate, secure, remove, or demolish the building or relocate the occupants of the building and levy the cost thereof as a special assessment against the property. The owner and/or all parties having interest in such property will be required to submit proof of the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work. The Notice of Hearing is sent to the property owner and all other parties with an interest, including a security interest, in this property. Documentation of the conditions referred to above are on file with the Neighborhood Services Department, Code Enforcement Division at 7202 Dick Fisher Drive North, North Richland Hills, TX 76180. All interested persons may appear and be heard. NEIGHBORHOOD SERVICES DEPARTMENT ---- 817-427-6663 �/ 6f4 Jo h Stout, Neighborhood Services Director Given under my hand and seal of offs.=\-*day of°(1,`)01 L'r 2006. 0 S/Notary P.c, State of Texas „,, TIFFANY ^� (� S't:�P' u°•'' Notary Public:State of TeeSs t CCQA \r .i iT< k, `'_ mission Exp Jy RIp ch 0,zQQB Printed Name My Commission Expires: ‘ t(.i!�t \i`f� �L , �:, C� if �A .1i ,11 CITY OF NORTH RICHLAND HILLS 7200 C DICK FISHER DRIVE S ��,i. * * 4*�� `Fi.•.ii`i4 N RICHLAND HILLS TX 76180 Submitter: CITY OF NORTH RICHLAND HILLS SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 11/17/2006 12:02 PM nstrument#: D206363725 OPR 4 PGS $24.00 I II III IIII IIIII II II11011111111111111111111111111 D206363725 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Notice of Hearing City of North Richland Hills Substandard Building Board Notice is hereby given that a meeting of the City of North Richland Hills Substandard Building Board will be held at 2:00 p.m. on Thursday, November 30, 2006, at City Hall, 7301 NE Loop 820, North Richland Hills Texas. A public hearing will be held to consider action regarding the following substandard building(s) in accordance with the city's substandard building regulations, North Richland Hills Code of Ordinances Chapter 98: SBB 2006-06 7570 Boulevard 26 (aka: 7624 Boulevard 26), North Richland Hills TX 76180, legally described as Lot 1 R, Block B, Calloway Farm Addition, an addition to the City of North Richland Hills, Tarrant County. Said place and premises are owned and controlled by: Tex Mall LP; C/O Michael Kest; 5150 Overland Avenue; Culver City CA 90230. Special Warranty Deed list North Hills Creek Mall, L.P. as Grantee. Violations of city standards present at the building are as follows: I. GENERAL CONDITIONS 1. The structure is currently unfit for human occupation. At the minimum, there is no working plumbing and no power in addition to other issues within the structure. The building has multiple major roof leaks throughout which have allowed the elements (including rain water) to enter the building. Several locations, including the former Foot Action USA, Lane Bryant, and the movie theater contain significant mold growths. 2. The property owner has made an attempt to secure the structure, but it is inadequate to prevent unauthorized access. Even though a fence surrounds the structure, it is not adequate to prevent entry. Not all rooftop access is secured. There are indications that the structure could have been accessed, but no "living quarters" were located during the inspection. The building has major roof damage, including inadequately repaired roof openings where rooftop equipment was formerly located, holes, and unsecured roof hatches that can allow unauthorized access to the building. II. INADEQUATE SANITATION 3. There is no power to this property at this time therefore no operational heating facilities. 4. The power has been cut off and no ventilation equipment is currently operational. 5. All heating, ventilation and air-conditioning units (HVAC) have been removed from the building. As a result, the building's temperature and humidity cannot be properly maintained, thereby contributing to the mold growth. 6. There is no power at this location and no electrical lighting. 7. Due to the extensive roof damage and the extent of inadequately protected roof openings, there are several areas that are damp (or have been damp) in nearly every portion of the building. Areas include, but are not limited to the former Foot Action USA, Lane Bryant, "The 5, 7, & 9" Store, Regis, Pearl Vision Center, Artisan Theater, Foot Locker, Bag & Baggage, the food court and the former movie theater. 8. Dead rodents were found primarily in the food court area. Rodent feces were found in the food court area and throughout this structure. Evidence of termites and rodents were observed during the inspection. Rodent feces and carcasses as well as wild animal feces were observed throughout the building including, but not limited to, the Food Court, Pearl Vision Center, Regis, Tis the Season, and the movie theater. 9. The holes in the roof were inadequately repaired. There are damaged walls and flooring throughout. The building is deteriorating due to neglect and is not being properly maintained to resist the elements. 10. Many sinks and toilets have been removed. III. STRUCTURAL HAZARDS 11. Walls have been damaged throughout the building where they have been partially removed. These areas include large openings in a CMU wall near the leasing office and the west electrical room which are not adequately supported by an appropriate lintel to carry the weight of the CMU's above the opening. A structural column located in the exit passageway behind the "Regis" store is approximately 8 to 12 inches out of plumb and needs to be assessed by a structural engineer. 12. Metal object appears to have fallen into rear area of a suite during HVAC removal...Hole has not been repaired in addition to multiple similar holes throughout. IV. NUISANCE 13. 1. Broken glass/mirrors and ceiling grids hanging within suites have sharp protrusions. 2. Failure to maintain sanitary plumbing fixtures. 3. Noxious /disagreeable odors repulsive to the physical senses. 4. Permitting an accumulation of garbage, rubble, debris. 5. Permitting the carcass of a dead animal to remain on the premises for a period of time exceeding 18 hours after the death of the animal. 6. Maintaining graffiti on private structure located on private property. 7. There is a tremendous accumulation of garbage, trash, and debris throughout the structure including food waste and other putrescible waste, including the Food Court, and the Movie Theater. There is rubbish and rubble including building material waste as a result of demolition and decay found throughout the structure. This has created ideal harborage conditions for rodents, insects, and other wild animals. V. HAZARDOUS ELECTRICAL WIRING 14 Power cut off, but there are wires exposed throughout the structure which would not meet the code. VI. FAULTY WEATHER PROTECTION 15. HVAC unit holes which were inadequately covered to prevent leakage on roof and leak on east wall. The building's roof is in major need of repair. Holes, as well as openings, were observed throughout the entire building. These holes and openings allow excessive amounts of moisture into the building. 16. Mold on East wall at or near Ste 100. The building's roof covering system is broken and rotting throughout the entire roof due to deterioration by the sun and lack of maintenance. VII. FIRE HAZARD 17. The building is in such a condition as to provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. There is demolition debris, boxes, carpet, lumber, trash, brush, refuse and other combustible materials throughout the building. All of which will add a fuel load to the building. The interior walls of the building have been exposed due to previous salvaging activities and have revealed an excess of wood partition framing which is not typically allowed by the building code. VIII. HAZARDOUS OR INSANITARY PREMISES 18. There is a tremendous accumulation of garbage, trash, and debris throughout the structure including food waste and other putrescible waste, including the Food Court, and the Movie Theater. There is rubbish and rubble including building material waste as a result of demolition and decay found throughout the structure. This has created ideal harborage conditions for rodents, insects, and wild animals. Xl. INADEQUATE FIRE PROTECTION OR FIRE-FIGHTING EQUIPMENT 19. The building's fire sprinkler system and alarm system have been deactivated and partially dismantled. There is excessive damage to the interior of the structure, inadequate security to the building, and the amount of combustible materials (lumber, carpeting, tile, paper, plastics, etc.) that cause the building to be a potential fire hazard. The board will determine whether the building complies with the standards set out in the ordinance and consider whether to uphold the Building Official and the Director of Neighborhood Services' order to repair or demolish the structure and remove all debris. In either case, if the ordered action is not taken within a reasonable time specified by the Board, the City will vacate, secure, remove, or demolish the building or relocate the occupants of the building and levy the cost thereof as a special assessment against the property. The owner and/or all parties having interest in such property will be required to submit proof of the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work. The Notice of Hearing is sent to the property owner and all other parties with an interest, including a security interest, in this property. Documentation of the conditions referred to above are on file with the Neighborhood Services Department, Code Enforcement Division at 7202 Dick Fisher Drive North, North Richland Hills, TX 76180. All interested persons may appear and be heard. NEIGHBORHOOD SERVICES DEPARTMENT ---- 817-427-6663 / A,...614 Jo ' tout, Neighborhood Services Director Given under my hand and seal of office day of �(Lkk 1\?_2 2006. 0 S/Notary P Ii , State of Texas 4‘t"''"°7` TIFFANY INAY 1 ::: � •.�- Notary Public,State of Texas r = My Commission Expires ,k. j` ` i _.� \4 •Eo;,,, March 1C,2ooe I' Printed Name My Commission Expires Jkii vv 1( _`)l 1.Yi egstr.47.1.., CITY OF NORTH RICHLAND HILLS 7200 C DICK FISHER DRIVE S N RICHLAND HILLS TX 76180 Submitter: CITY OF NORTH RICHLAND HILLS SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 11/17/2006 12:02 PM rument#: D206363724 OPR 4 PGS $24.00 By: II III II II II 1!11111111111111 I!III IIII IIII D206363724 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Notice of Hearing City of North Richland Hills Substandard Building Board Notice is hereby given that a meeting of the City of North Richland Hills Substandard Building Board will be held at 2:00 p.m. on Thursday, November 30, 2006, at City Hall, 7301 NE Loop 820, North Richland Hills Texas. A public hearing will be held to consider action regarding the following substandard building(s) in accordance with the city's substandard building regulations, North Richland Hills Code of Ordinances Chapter 98: SBB 2006-07 7600 Boulevard 26, North Richland Hills TX 76180, legally described as Lot 1 R, Block C, Calloway Farm Addition, an addition to the City of North Richland Hills, Tarrant County. Said place and premises are owned and controlled by: Tex Mery LP; Attn Rene Davis; 5150 Overland Avenue; Culver City CA 90230. Special Warranty Deed: Tex Merv, LP; Attn: Michael Kest; 5150 Overland Avenue; Culver City, California 90230. Violations of city standards present at the building are as follows: I. GENERAL CONDITIONS 1. The structure is currently unfit for human occupation. At the minimum, there is no working plumbing and no power in addition to other issues within the structure. 2. The property owner has made an attempt to secure the structure, but it is inadequate to prevent unauthorized access. Even though a fence surrounds the structure, the fence is not adequate to prevent entry. Not all rooftop access is secured. There are indications that the structure could have been accessed, but no "living quarters" were located during the inspection. There are stairs leading to from the 2nd floor to a roof access which is unsecured/open. II. INADEQUATE SANITATION 3. There is no power to this property at this time which equates to no heating facilities. 4. The power has been cut and no ventilation equipment is currently operational. 5. All heating, ventilation and air-conditioning units (HVAC) have been removed from the building. As a result, the building's temperature and humidity cannot be properly maintained, thereby contributing to the mold growth. 6. There is no power at this location and no electrical lighting. 7. Animal feces were found on the second floor and a dead opossum was found at the bottom of the elevator shaft. 8. There are damaged walls and flooring throughout. The elevator shaft is open at the 2"d floor. The 2nd floor has a large hole in the wall where there is no railing in place to prevent a person from falling to the 1st floor. 9. The sinks and toilets have been removed. III. NUISANCE 10. a. Failure to maintain sanitary plumbing fixtures. b. Noxious /disagreeable odors repulsive to the physical senses. c. Permitting an accumulation of garbage, rubble, debris. d. Permitting the carcass of a dead animal to remain on the premises for a period of time exceeding 18 hours after the death of the animal. IV. HAZARDOUS ELECTRICAL WIRING 11. Power cut off, but there are wires exposed throughout the structure which would not meet code. V. FAULTY WEATHER PROTECTION 12. The building's roof covering system is broken and rotting throughout the entire roof due to deterioration by the sun and lack of maintenance. 13. Open roof hatch from 2nd floor by stairwell. VI. INADEQUATE FIRE PROTECTION OR FIRE-FIGHTING EQUIPMENT 14. The building's fire sprinkler system and alarm system has been deactivated and partially dismantled. There is excessive damage to the interior of the structure, inadequate security to the building, and the amount of combustible materials (lumber, carpeting, tile, paper, plastics, etc.), that cause the building to be a potential fire hazard. The board will determine whether the building complies with the standards set out in the ordinance and consider whether to uphold the Building Official and the Director of Neighborhood Services' order to repair or demolish the structure and remove all debris. In either case, if the ordered action is not taken within a reasonable time specified by the Board, the City will vacate, secure, remove, or demolish the building or relocate the occupants of the building and levy the cost thereof as a special assessment against the property. The owner and/or all parties having interest in such property will be required to submit proof of the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work. The Notice of Hearing is sent to the property owner and all other parties with an interest, including a security interest, in this property. Documentation of the conditions referred to above are on file with the Neighborhood Services Department, Code Enforcement Division at 7202 Dick Fisher Drive North, North Richland Hills, TX 76180. All interested persons may appear and be heard. NEIGHBORHOOD SERVICES DEPARTMENT ---- 817-427-6663 ‘ 6WIA*. Jo n tout, Neighborhood Services Director Given under my hand and seal of o \��' day ofei��_(NiaLA 2006. I) S/Notary I c, State of Texas \IIIIII/1 \ IF;t,;,, TIFFANY {NAY �___� =.° ,-__ Notary Public,State of Texas 1 �` (,c\ a c 'Commission Expires \ � `�( ;yFo,.; ' March 10, 2008 Printed Name 1 's � llll,, r L - My Commission Expires:�'C J Cv' \( „- .( it.. 1< i*SVtdi.* iso- s a�` asa, CITY OF NORTH RICHLAND HILLS 7200 C DICK FISHER DRIVE S * f 4 N RICHLAND HILLS TX 76180 Submitter: CITY OF NORTH RICHLAND HILLS SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. fled For Registration: 11/17/2006 12:02 PM rument#: D206363723 OPR 3 PGS $20.00 I II III III IIII 11111 MI IIIII I III IIIII 11111 ►III III II D206363723 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Notice of Hearing City of North Richland Hills Substandard Building Board Notice is hereby given that a meeting of the City of North Richland Hills Substandard Building Board will be held at 2:00 p.m. on Thursday, November 30, 2006, at City Hall, 7301 NE Loop 820, North Richland Hills Texas. A public hearing will be held to consider action regarding the following substandard building(s) in accordance with the city's substandard building regulations, North Richland Hills Code of Ordinances Chapter 98: SBB 2006-08 7550 Boulevard 26, North Richland Hills TX 76180, legally described as Lot 1R, Block D, Calloway Farm Addition, an addition to the City of North Richland Hills, Tarrant County. Said place and premises are owned and controlled by: Tex Mery LP; % Michael Kest; 5150 Overland Avenue; Culver City CA 90230. Special Warranty Deed: Tex Merv, LP; 7624 Grapevine Highway; North Richland Hills Texas 76180-8308 Attention: Steven King. Violations of city standards present at the building are as follows: I. GENERAL CONDITIONS 1. The building has multiple major roof leaks throughout which have allowed the elements (including rain water) to enter the building. 2. The building has major roof damage, including inadequately repaired roof openings where roof-top equipment was formerly located, holes, and unsecured roof hatches that can allow unauthorized access to the building. II. INADEQUATE SANITATION 3. There is no power to structure, so the heating facilities are not operational. 4. There is currently no power to the structure therefore the ventilation equipment is inoperative. 5. All heating, ventilation and air-conditioning units (HVAC) have been removed from the building. As a result, the building's temperature and humidity cannot be properly maintained, thereby contributing to the mold growth. 6. There is no power at this location and no electrical lighting. 7. Due to the extensive roof damage and the extent of inadequately protected roof openings, there are areas that are damp throughout the building. 8. Evidence of rodents were observed during the inspection. Rodent feces as well as wild animal feces were observed. 9. Structure stripped, damage to interior. Examples: Ceiling support grids. The building is deteriorating due to neglect and is not being properly maintained to resist the elements. 10. Many if not all toilets and sinks have been removed. What appears to be human feces was found in this structure. III. STRUCTURAL HAZARDS 11. Ceiling support grids falling due to damage during evacuation. IV. NUISANCE 12. There is a tremendous accumulation of garbage, trash, and debris throughout the mall including food waste and other putrescible waste, rubbish and rubble including building material waste as a result of demolition and decay as well as decaying vegetation such as the large pile of brush in Mervyn's Department Store dock. This has created ideal harborage conditions for rodents, insects, and other wild animals. V. FAULTY WEATHER PROTECTION 13. The building's roof is in major need of repair. The inadequately repaired holes in the roof allow excessive amounts of moisture into the building. The moisture has caused major rotting of the interior flooring. 14. The building's roof covering system is broken and rotting throughout the entire roof due to deterioration by the sun and lack of maintenance. VI. FIRE HAZARD 15. There is demolition debris, boxes, carpet, lumber, trash, brush, refuse and other combustible materials throughout the building. All of which will add a fuel load to the building. The interior walls of the building have been exposed due to recent salvaging activities and have revealed an excess of wood partition framing which is not typically allowed by the building code. VII. HAZARDOUS OR INSANITARY PREMISES 16. There is a tremendous accumulation of garbage, trash, and debris throughout the mall including food waste and other putrescible waste, rubbish and rubble including building material waste as a result of demolition and decay as well as decaying vegetation such as the large pile of brush in Mervyn's Department Store dock. This has created ideal harborage conditions for rodents, insects, and wild animals. VIII. INADEQUATE FIRE PROTECTION OR FIRE-FIGHTING EQUIPMENT 17. The building's fire sprinkler system and alarm system have been deactivated and partially dismantled. There is excessive damage to the interior of the structure, inadequate security to the building, and the amount of combustible materials (lumber, carpeting, tile, paper, plastics, etc.,) that cause the building to be a potential fire hazard. The board will determine whether the building complies with the standards set out in the ordinance and consider whether to uphold the Building Official and the Director of Neighborhood Services' order to repair or demolish the structure and remove all debris. In either case, if the ordered action is not taken within a reasonable time specified by the Board, the City will vacate, secure, remove, or demolish the building or relocate the occupants of the building and levy the cost thereof as a special assessment against the property. The owner and/or all parties having interest in such property will be required to submit proof of the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work. The Notice of Hearing is sent to the property owner and all other parties with an interest, including a security interest, in this property. Documentation of the conditions referred to above are on file with the Neighborhood Services Department, Code Enforcement Division at 7202 Dick Fisher Drive North, North Richland Hills, TX 76180. All interested persons may appear and be heard. NEIGHBORHOOD SERVICES DEPARTMENT ---- 817-427-6663 Jo Stout, Neighborhood Services Director Given under my hand and seal of offi , day ofcA `(1 k,\ 2006. r-) .\ . C ‘ry. ' S/Notary Puliith, Statd of Texas [�oti��T iiYO�r TIFFANY INAY _ ' "c Notary Public,State of Texas My Commission Expires \` ([(�� � ;,�f �t+'�` March 10,2009 \-( 1 �X\ Printed Name My Commission Expires: ( '\C` „ * iso r*. COT CITY OF NORTH RICHLAND HILLS 7200 C DICK FISHER DRIVE S . * `a. N RICHLAND HILLS TX 76180 Submitter: CITY OF NORTH RICHLAND HILLS SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. fled For Registration: 11/17/2006 12:02 PM •nt#: D206363726 OPR 4 PGS $24.00 By: 1111111111111111111 III IIIIIIIII1111111111111III D206363726 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.