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HomeMy WebLinkAboutSBB 2020-12-08 Minutes MINUTES OF THE REGULAR MEETING SUBSTANDARD BUILDING BOARD OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE COUNCIL WORKROOM, 4301 CITY POINT DRIVE DECEMBER 8, 2020 The Substandard Building Board of the City of North Richland Hills, Texas met on the 8th day of December 2020 at 6:00 p.m. in the Council Workroom. Present: Brian Crowson Chairman, Place 6 Daniel Caulkins Place 1 Bill Wait Place 2 John Cope Place 3 Robert McCary Place 7 Absent: Michael Gist Place 4 Billy Parks Place 5 Staff Members: Stefanie Martinez Director of Neighborhood Services Kellie Brady Assistant City Attorney Dave Pendley Chief Building Official Audrey Cappallo Executive Secretary 1. CALL TO ORDER Vice Chairman Wait called the meeting to order at 6:06 p.m. 2. PUBLIC COMMENTS - AN OPPORTUNITY FOR CITIZENS TO ADDRESS THE SUBSTANDARD BUILDING BOARD ON MATTERS WHICH ARE SCHEDULED ON THIS AGENDA FOR CONSIDERATION BY THE SUBSTANDARD BUILDING BOARD, BUT NOT SCHEDULED AS A PUBLIC HEARING. IN ORDER TO ADDRESS THE SUBSTANDARD BUILDING BOARD DURING PUBLIC COMMENTS, A PUBLIC MEETING APPEARANCE CARD MUST BE COMPLETED AND PRESENTED TO THE SECRETARY PRIOR TO THE START OF THE SUBSTANDARD BUILDING BOARD MEETING. Vice Chairman Wait informed the Board that no one had signed up to speak during public comments. 3. APPROVAL OF MINUTES OF THE OCTOBER 13, 2020 SUBSTANDARD BUILDING BOARD MEETING. Substandard Building Board Meeting December 8, 2020 Page 1 of 7 MR.JOHN COPE MOVED TO APPROVE THE MINUTES OF THE OCTOBER 13,2020 SUBSTANDARD BUILDING BOARD MEETING. MR. DANIEL CAULKINS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 4-0. 4. SBB 2021-80 PUBLIC HEARING AND CONSIDERATION WHETHER THE STRUCTURE ON THE PROPERTY LOCATED AT 5000 LAKE VIEW CIRCLE KNOWN AS BLOCK 1, LOT 9, MEADOW LAKES ADDITION, NORTH RICHLAND HILLS, TARRANT COUNTY, TX IS SUBSTANDARD WITHIN THE MEANING OF THE CITY'S ORDINANCES AND ORDER REPAIR OR DEMOLITION. APPROVED Vice Chairman Wait called on Stefanie Martinez, Director of Neighborhood Services, to present the case. Ms. Martinez presented an aerial photo of the property located at 5000 Lake View is zoned R-1. This is a single familystructure that is occupied. Circle. The property g p p p Y Ms. Martinez provided the Board with an overview of action taken to date for the structure located at 5000 Lake View. • March 13, 2020 — A complaint was received in regards to a vehicle accident that had occurred at the property in February. A truck struck the structure and caused damage to the garage and south side of the structure. • March 14, 2020 - Officer Rayneice Jones inspected the property and observed broken bricks, a damaged garage door, a broken window and trash/debris stored on the property. Photos were taken and a notice of violation was mailed to the property owner. • April 20, 2020 - Officer Debbie Heizer verified with the Building Inspector Mary Lou Salas that no permit(s) had been obtained by the property owner or contractor. • April 21, 2020 - Officer Heizer received a voicemail from occupant Brittany Moore. • April 22, 2020 - Building Inspector Gary Taylor left a voice message for the occupant, Brittany Moore, informing her she would need a permit to make the repairs (a STOP WORK notice was placed at the property) the grass needed to be mowed and the bricks and window would need to be removed from the yard. Officer Heizer contacted the complainant and provided an update on the process. • April 23, 2020 - Officer Jones spoke with Jerri Bielefeldt daughter of the homeowner. She stated that they are working with the insurance company and Substandard Building Board Meeting December 8, 2020 Page 2 of 7 three different contractors. The contractors and insurance have been in dispute regarding the needed repairs. It was anticipated that work would start at in about three weeks. Jones informed Bielefeldt that she must submit plans to the Planning Department before reconstruction could began. Some materials would be reused if possible. • July 9, 2020 - Officer Jones re-inspected the property and did not identify any progress. A photo was taken and a subsequent notice of violation was mailed to the property owner. Officer Jones also spoke with Mrs. Bielefeldt who stated there was a $40,000 difference between the insurance company and contractor. Mrs. Bielefeld was hiring an attorney in hopes to get things moving. She also stated that the attorney informed her that it could take six months to have any progress. • August 28, 2020 — An additional notice of violation was issued. No updates or progress to the structure. • September 21, 2020 - Officer Jones re-inspected the property. No one answered; no change to the property and photos were taken. • October 7, 2020 - Officer Jones spoke with Mrs. Bielefeldt via phone who stated the insurance company would be out soon to the property but no repairs had been accomplished due to the insurance dispute. • October 15, 2020 - Officer Jones received an email from Mrs. Bielefeldt informing her that there is a $40,000 difference between what the insurance company's assessment and the contractor's assessment were. The 3rd party adjuster inspected the property on September 25th and they were awaiting the report. • October 23, 2020 - Officer Jones received the completed title search. She also spoke with Mrs. Bielefeldt via phone. Mrs. Bielefeldt stated she had not received the email sent to her by Director Martinez explaining the process the City was undertaking to bring the property into compliance. Officer Jones resent the email. • October 26, 2020 — The Notice and Order was mailed to the property owner as well as the address provided by Mrs. Bielefeldt at her residence. • November 2, 2020 — Mrs. Bielefeldt contacted Officer Jones to discuss the Notice and Order letter she had received. The bricks had been removed from the front/side yard with the exception of a large rock. She explained that her daughter, the occupant, had recently had a baby and was unable to move it but she would have the contractors remove it. She also stated that she would contact the insurance agent and send him a copy of the Notice and Order letter in the hopes that it might speed up the process and get the ball moving. • November 11, 2020 — Officer Jones re-inspected the property and took photos. The property remained in violation. The Notice and Order certified mail receipts were attached to the case. Substandard Building Board Meeting December 8, 2020 Page 3 of 7 • November 19, 2020 — The Notice of Hearing was issued to the property owner by certified and regular mail. Notice was also mailed to Mrs. Bielefeldt's address. The notice was posted at on front door of the property by Officer Brian Thomas. • November 22, 2020 - The Notice of Hearing was published in the Fort Worth Star Telegram. • December 2, 2020 — Mrs. Bielefeldt contacted Director Stefanie Martinez to inform the City that the insurance company and the 3rd party adjuster had reached an agreement/settlement regarding the repairs that were required/amount of repairs. • December 3, 2020 — Mrs. Bielefeldt contacted Director Martinez to inform the City that the contractor should be delivering a dumpster to the property to begin repairs and that the contractor was applying for permits. • December 4, 2020 — Director Martinez emailed Mrs. Bielefeldt to inform her that as of 9:00 am that day permits had not been applied for to perform the repairs to the structure. Contractor had submitted a partial permit application to Permits via email. A follow-up email from Permits to the contractor requesting additional information was submitted via email. • December 7, 2020 — Officer Jones contacted Ms. Bielefeld to inform her that the City would move forward with the hearing due to the fact that the contractor had not obtained permits. Additionally, a plan of action for the repairs with a specific timelines had not been submitted. Ms. Martinez presented the following photos: • Photos of both the Notice and Order and Notice of Hearing posted at 5000 Lake View Circle. • Photo of the side view of where the damage actually is on the structure. Photo was taken on March 14, 2020 by Officer Jones. • An additional photo taken on March 14, 2020 by Officer Jones. • A subsequent photo taken on July 7, 2020. • A close up photo of the side view of the structure taken on October 15, 2020 by Officer Jones. • A further distance photo of the side view of the structure taken on October 15, 2020 by Officer Jones. • Photo of the side view of the structure taken on November 11, 2020 by Officer Jones. • Photo of the side view of the structure and yard taken by Director Stefanie Martinez on December 7, 2020. Substandard Building Board Meeting December 8, 2020 Page 4 of 7 • Additional photos of the structure and dumpster in the driveway taken by Director Stefanie Martinez on December 7, 2020. Ms. Martinez advised the Board that it is the opinion of staff that the property is in violation of the NRH Code of Ordinances referenced in this presentation and is substandard. Staff recommends that the Substandard Building Board find the structure to be substandard. Ms. Martinez she will advised the Board later in this meeting what the City is requesting to be Order once the Board has heard from the property owner daughter and their contractor. Vice Chairman Wait asked the Board if they had any questions for the city. Vice Chairman Wait opened the public hearing. Mr. Wesley Quenichet stepped forward and he is one of the partners at ProCo Roofing and Construction. Mr. Quenichet informed the Board he wants to do everything they can to fix the property properly. He brought a copy of the Appraisal Award Letter for the Board. Mr. Quenichet had to continue to negotiate with the Insurance Company. When they received the scope of work back from the adjuster a lot of work was not included. , They did not include any of the framing for the jost, the top header, and the rafters. They did not include any of the deck sheeting or exterior sheeting. They did not include any of the brick straps. We had to negotiate with the insurance company which was the hold. We finally got the Appraisal Award Letter on December 1, 2020. Basically we did not have the funds to do the work until December 1, 2020. Mr. Quenichet stated they are in the process of pulling permits. They understand they will need to do a drawing showing we are putting the structure back properly and sound. We will provide that and get the permits going. In regards to the dumpster, Mr. Quenichet had his production coordinator put it out there so they could just start some cleanup. They did not plan to do any work until permits had been pulled. Mr. Quenichet wanted to show some progress was being made. In regards to a timeline, Mr. Quenichet plans to have the exterior work finish in two weeks once he gets his drawings submitted and permits get issued. Vice Chairman Wait asked Mr. Quenichet what is the total length time that he thinks it would take for the restoration of the house. Mr. Quenichet responded about 2 weeks for the exterior and the interior will take a little bit longer like about 3 weeks. Vice Chairman Wait stated so a total of 5 weeks and Mr. Quenichet replied correct. Mr. Caulkins asked if Mr. Quenichet was taking into count that holidays can be a challenge especially with Christmas around the corner to get permits and supplies. Mr. Quenichet replied they are planning on moving as quickly as they can. He would love to have some extra time on making the repairs because of the holidays. If he could get a timeline of 8 weeks would to be safe to finish all out in a timely manner. Substandard Building Board Meeting December 8, 2020 Page 5 of 7 Mr. Cope asked Mr. Quenichet when will he have all the permits required. Mr. Quenichet replied that they are working on that now. He was working on the drawings earlier today and hopes to have those done by tomorrow. They are basically putting everything back where it was before the structure was hit by the truck. He doesn't see any problems with having that submitted by this week. Mr. Caulkins asked Mr. Quenichet besides framing, some sheeting are there any electrical or plumbing revisions that will need to be addressed. Mr. Quenichet responded that do have a little bit of electrical to do and small amount of plumbing to do. They have a licensed electrician and a licensed plumber that will do the job and get that done. Mr. Quenichet provided Ms. Martinez a copy of the Appraisal Award. Ms. Martinez gave the Appraisal Award Letter to Vice Chairman Wait to review. Vice Chairman Wait read the Appraisal Award out loud to the Board. Chairman Crowson arrived at 6:26 p.m. Ms. Martinez stated currently no permits have been issued or applied for so she asked that Chief Building Official Dave Pendley come up to talk about whether permits can be issued during the timeframe contractor is stating work can be completed by. Mr. Pendley stated that some of contractors came in today and spoke to some of the staff. There shouldn't be any issues. We will make it a point to prioritize that permit review if they get that information to us quickly. The drawings provide lacked details according to staff and we didn't not accept it but again once they submit the correct details we will prioritize the permit review. Mr. Caulkins asked Mr. Pendley what would the duration of the review be. Mr. Pendley replied less than a week. Mr. Pendley stated once the permit is issued the rest of the responsible is up to the contractor to meet his timeline. Ms. Martinez moved forward with staff recommendation. Staff recommends that the Board find the property to be substandard and order that the required permits be obtained within 15 days of the board order. The building be repaired within 60 days of the board order. If the property owners fails to bring the property into compliance, the should be authorized to bring the property owner back before the Substandard Building Board to request a civil penalty. A civil penalty may be assessed against the property for failure to repair the structure within the allowed timeframe by the Board. The penalty may be assessed at $10.00 per day that the property remained in violation of the Ordinances of the City of North Richland Hills since Notice and Order was issued on October 27, 2020. Ms. Martinez asked if the Board had any questions. Mr. Cope asked if the City had heard from the owner. Ms. Martinez replied she hasn't personally spoken to the owner but she has been speaking with the owners daughter. Ms. Bielefeldt stepped forward and replied her mother suffers from Alzheimer and is in an assistant living facility. Vice Chairman Wait closed the public hearing. The Board discussed different timeframe and other options. Substandard Building Board Meeting December 8, 2020 Page 6 of 7 Chairman Crowson apologized for being late and not being present during the presentation of the case to the Board but he did read the Substandard Building Board Packet which contain the case presentation. MR. JOHN COPE MOVED TO ENTER THE FOLLOWING ORDER FOR SBB 2021-80 DETERMINING THE STRUCTURE LOCATED AT 5000 LAKE VIEW CIRCLE KNOWN AS BLOCK 1, LOT 9, MEADOW LAKES ADDITION, NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS IS HEREBY FOUND TO BE A SUBSTANDARD STRUCTURE BY REASON OF CONDITIONS SET FORTH IN THE NOTICES OF THIS HEARING AND SUCH NOTICES ARE HEREBY INCORPORATED IN THIS ORDER AND ALL SUBSTANDARD CONDITIONS DESCRIBED THEREIN SHALL BE REPAIRED WITHIN 60 DAYS AND THAT THE PROPERTY OWNER OBTAIN ANY REQUIRED PERMITS WITHIN 15 DAYS OF THE BOARD ORDER; AND IF THE PROPERTY OWNERS FAIL TO COMPLY WITH THIS ORDER, MAY RESULT IN THE SCHEDULING AND CONDUCTING OF A CIVIL PENALTY HEARING IN ORDER TO DETERMINE THE AMOUNT OF PENALTY TO BE PAID. THE CODE OF THE CITY OF NORTH RICHLAND HILLS, SEC. 98-470, ALLOWS THE ASSESSMENT OF A CIVIL PENALTY AMOUNT NOT TO EXCEED $1,000.00 PER DAY PER VIOLATION UNLESS THE PROPERTY IS THE OWNER'S LAWFUL HOMESTEAD IN WHICH CASE THE CIVIL PENALTY AMOUNT NOT TO EXCEED $10.00 PER DAY PER VIOLATION. MR. ROBERT MCCARY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. 5. ADJOURNMENT Vice Chairman Wait adjourned the meeting at 6:35 p.m. 4},Aff,- Bill Wait, Vice Chairman ATTEST: Audrey Cappallo, Executive Secretary Substandard Building Board Meeting December 8, 2020 Page 7 of 7