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HomeMy WebLinkAboutSBB 2019-05-14 Minutes MINUTES OF THE REGULAR MEETING OF THE SUBSTANDARD BUILDING BOARD OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD AT THE COUNCIL WORKROOM, 4301 CITY POINT DRIVE MAY 14, 2019 The Substandard Building Board of the City of North Richland Hills, Texas met on the 14th day of May 2019 at 6:15 p.m. in the Council Workroom. Present: Bill Wait Place 2 Deryl Brown Place 3 Billy Parks Place 5 Robert McCary Place 7 Absent: Brian Crowson Chairman, Place 6 Lynn Motheral Place 1 Staff Members: Stefanie Martinez Director of Neighborhood Services Audrey Cappallo Executive Secretary Kellie Brady Assistant City Attorney 1. CALL TO ORDER Robert McCary called the meeting to order at 6:15 p.m. Before proceeding with the meeting, Robert McCary was elected as Acting Chairman and Deryl Brown was elected as Acting Vice Chairman for this meeting. 2. APPROVAL OF MINUTES OF THE FEBRUARY 12, 2019 SUBSTANDARD BUILDING BOARD MEETING. MR. BILLY PARKS MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 12, 2019 SUBSTANDARD BUILDING BOARD MEETING. MR. DERYL BROWN SECONDED THE MOTION. MOTION TO APPROVE CARRIED 4-0. 3. SBB 2019-71 PUBLIC HEARING AND CONSIDERATION WHETHER THE STRUCTURE ON THE PROPERTY LOCATED AT 3609 REEVES STREET KNOWN AS BLOCK 6, LOT 10, NORTH HILLS ADDITION AN ADDITION IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS TARRANT COUNTY, TEXAS IS IN VIOLATION OF CITY'S ORDINANCES AND ORDER TO ABATE AND/OR ISSUE CIVIL PENALTIES. APPROVED Substandard Building Board Meeting May 14, 2019 Page 1 of 5 Before proceeding forward with the case, Acting Chairman McCary sworn in city staff. Acting Chairman McCary called on Stefanie Martinez, Director of Neighborhood Services, to present the case. Ms. Martinez presented an aerial photo of the property located at 3609 Reeves Street. The property is zoned R-2 single-family dwelling. Ms. Martinez provided the Board with an overview of action taken to date for the structure located at 3609 Reeves Street. • February 1, 2018 this case was initiated and violation was confirmed. The Code officer attempted contact and left a door notice and a notice of violation letter was mailed to Michael L Ashinhurst and Elena E Ashinhurst for accumulation and outdoor storage. Michael and Elena Ashinhurst are the occupants of the structure. • February 28, 2018 the property at 3609 Reeves remained in violation. A notice of violation letter was mailed to Mr. and Mrs. Ashinhurst establishing a 7 days deadline to comply. • March 1, 2018 the property remained in violation. • March 19, 2018 progress had been made but the violation remained. A notice of violation letter was mailed to Mr. and Mrs. Ashinhurst establishing an additional 7 day deadline to comply. • April 17, 2018 the property remained in violation. A final notice of violation letter was mailed to Mr. and Mrs. Ashinhurst establishing an additional 7 days deadline to comply. • May 14, 2018 the property remained in violation. • May 16, 2018 a Probable Cause Affidavit was issued to Michael L. Ashinhurst for accumulation and outside storage. • May 24, 2018 the property remained in violation. • June 7, 2018 the property remained in violation. • June 27, 2018 the property remained in violation. • September 24, 2018 a NIP application was mailed to Mr. and Mrs. Ashinhurst by Assistant Director Debbie York, who is now retired. • December 18, 2018 Elena Ashinhurst stated she did not receive the application, but she would like to get a dumpster to clean up her yard and the inside of her house. Substandard Building Board Meeting May 14, 2019 Page 2 of 5 • February 27, 2019 another NIP application was hand delivered to Mr. Ashinhurst. He was going to give it to his wife to fill out. • March 13, 2019 in court, Michael L Ashinhurst was handed another NIP application and Elena started filling it out that application. They had to leave for a doctor's appointment and they were going to bring it back to the office. The application was never received by Code Enforcement. • April 5, 2019 a signed Notice and Order was issued to Mr. and Mrs. Ashinhurst for the inadequate fence, accumulation, storing and standing inoperable vehicles and public nuisance at the location. Notice was mailed both certified and regular and hand delivered to the property. Photo. • April 8 and 16, 2019 inspections revealed the property remained in violation • April 29, 2019 the Notice to Appear for this hearing was filed with Tarrant County Deed Office and mailed by certified and regular to the property. • April 30, 2019 the Notice to Appear was posted on the front door. • May 1, 2019 the Notice to Appear was published in the Fort Worth Star Telegram. Ms. Martinez presented the following photos: • Photos of the Notice and Order and Notice to Appear posted at 3609 Reeves Street. • Photo of a gas can, broken plastic container and trash behind the bushes. • Photo of accumulation of household and miscellaneous items stored on the front porch. • Photo of accumulation of trash and debris on the side yard. Deteriorated fence pickets on the gate and the panels are leaning. • Photo of a pickup truck that has debris in the back of the pickup. • Photo of a vehicle that has been stored at the property in the same condition for many years. It was under a blue tarp at one time but you can see the shredded up blue tarp under the tire in the photo. The vehicle has been turned. It is no longer facing the street. It is parked regularly. We still have not been showed that it operable. In different discussions with the occupant, he stated the vehicle did not run because the vehicle needed a fuel pump. Ms. Martinez presented the following updated photos taken by Code Compliance Officer Candice Simmons on Monday, May 13, 2019: • Photos of household items stored on the porch and torn trash bags on the side yard. Violations still remained but improvements have been made. Substandard Building Board Meeting May 14, 2019 Page 3 of 5 • Photos of household items on the porch and stored in the bed of the truck. • Photos of the inoperable vehicle and high vegetation remain. • Photos of trash, debris and car parts in front of and behind the wall. • Photos of debris behind the bushes and in the front yard. Ms. Martinez advised the Board that it is the opinion of staff that this property is in violation of each portion of the NRH Code of Ordinances referenced in this presentation and is a public nuisance. Staff recommends that the Substandard Building Board find the property to be a nuisance and order that: • The items and conditions identified in violation of Chapter 34, Section 34-33 be removed within 30 days. • The items and conditions identified in violation of Chapter 34, Section 34-33 (17) be repaired or removed within 30 days. • If the owner fails to comply with such order, authorize the City to enter on to the property and abate the nuisance and remove the debris and remove the inoperative vehicle with costs to be assessed against the property owner. The City will place a lien on the property for the amount owed plus any accrued interest. • A civil penalty be assessed against the property for failure to remove the accumulation from the property in accordance with Chapter 98, Sec 98-40 in the amount of $380.00 which is $10.00 per day that the property remained in violation of the Ordinances of the City of North Richland Hills since the Notice and Order was issued on April 5, 2019. Acting Chairman McCary asked the Board if they had any questions for the city. Acting Chairman McCary asked if anyone was present from this property. Ms. Martinez replied the occupants were not present. Mr. Brown asked Ms. Martinez you stated the vehicle moved. The car is inoperable and the truck is operable. Ms. Martinez responded correct. There were originally two vehicles that were inoperable. It was a white Dodge truck and that truck is now gone. The debris moved from the white Dodge truck to the silver truck in the bed of the truck. The white Pontiac was originally backend and facing the street but in the last week or so it has been turned around and now facing the house but still haven't been shown that it operates. Acting Chairman McCary closed the public hearing. The Board discussed the motion entered by Mr. Wait. Mr. Brown asked if there is a Code Ordnance regarding the fence or has the fence already been repaired. Ms. Substandard Building Board Meeting May 14, 2019 Page 4 of 5 Martinez responded that the fence is covered under Section 34-33 of City of North Richland Hills Ordinance. Mr. Brown asked for clarification on the two separate fees that would be assessed to the property owner. Ms. Martinez clarified the fees. She replied there would be one fee that would be assessed as civil penalty and it would be immediate with this order. The other fees would only come into play if the City had to go out there and clean up the debris. A lien would be placed on the property if the owner failed to pay for the clean up. MR. BILL WAIT MOVED TO ENTER THE FOLLOWING ORDER FOR SBB 2019-71 DETERMINING THE STRUCTURE LOCATED AT 3609 REEVES STREET KNOWN AS BLOCK 6, LOT 10, NORTH HILLS ADDITION, NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS IS HEREBY FOUND TO BE IN VIOLATION OF SECTION 34-33 OF CITY OF NORTH RICHLAND HILLS ORDINANCE; AND ORDERED THAT ALL UNLAWFUL ACCUMULATION OF DEBRIS MUST BE REMOVED AND THAT THE INOPERATIVE VEHICLE MUST BE REPAIRED OR REMOVED WITHIN 30 DAYS OF THE BOARD ORDER; IF THE OWNER FAILS TO REMOVE ALL UNLAWFUL ACCUMULATION OF DEBRIS AND REPAIR OR REMOVE THE INOPERATIVE VEHICLE DURING THE TIMEFRAME ALLOWED, THE CITY IS AUTHORIZED TO ENTER ONTO THE PROPERTY AND ABATE THE NUISANCE; REMOVE THE UNLAWFUL ACCUMULATION OF DEBRIS AND INOPERATIVE VEHICLE WITH COSTS BEING ASSESSED AGAINST THE PROPERTY OWNER AND THE CITY WILL PLACE A LIEN ON THE PROPERTY FOR THE AMOUNT OWED PLUS ANY ACCRUED INTEREST; AND IT IS FURTHER ORDERED THAT THE PROPERTY OWNER BE ASSESSED A CIVIL PENALTY AGAINST THE PROPERTY IN THE AMOUNT OF$380.00. MR. BILLY PARKS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 4-0. 4. ADJOURNMENT Acting Chairman McCary adjourned the meeting at 6:31 p.m. Brian Crowson, Chairman ATTEST: Audrey C ppallo'1Ekecutive Secretary Substandard Building Board Meeting May 14, 2019 Page 5 of 5