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HomeMy WebLinkAboutSBB 2021-11-09 Agendas k4Ft, D HILLS CITY OF NORTH RICHLAND HILLS SUBSTANDARD BUILDING BOARD AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 TUESDAY, NOVEMBER 9, 2021 REGULAR MEETING: 6:00 PM Held in the Council Workroom A. CALL TO ORDER B.1 PUBLIC COMMENTS An opportunity for citizens to address the Substandard Building Board on matters which are scheduled on this agenda for consideration by the 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 recording secretary prior to the start of the Substandard Building Board meeting. C. ACTION ITEMS C.1 Approval of Minutes of the August 10, 01 Substandard Building Board meeting. C.2 SBB 2021-83 Public Hearinq and consideration whether the structures and accumulation on the property located at 70 iviera Ddve., known as Lot 1. , lock 21 of the North Richland Hills Addition in the City o North Richland ills, Tarrant County, Texas is a nuisance within the meaninq of the city's ordinances and order to abate. Tuesday, November 9, 2021 Substandard Building Board Agenda Page 1 of 3 C.3 SBB 2021-84 Public Hearing and consideration whether the residential building, accessory building, and accumulation on the property located at 1 Country Place Drive, known as Abstract 1266 Tract 7AO2A Richarson, Stephen Survey in the City o North Richland ills, Tarrant County, Texas are substandard or a nuisance within the meaning cityjs,�rdi�nances and order repair or demolition and/or removal of accumulation.. CA SBB 2021-85 Public earinq and consideration whether the accessory building on the property located aL6320 Skylark Circle, known a Block 11 of the Meadow Lakes Addition in_the_City of North Richland Hills Tarrant County, Texas is substandard within the meaning of the city' ordinances and order demolition and/or removal ofaccessory structure. D. ADJOURNMENT The Substandard Building Board may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 , Texas Government Code. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551 , Texas Government Code on Friday, November 5, 2021 by 5:00 PM. Audrey Cappallo Customer Service Assistant Tuesday, November 9, 2021 Substandard Building Board Agenda Page 2 of 3 This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Tuesday, November 9, 2021 Substandard Building Board Agenda Page 3 of 3 IrLp NOKTH KICHLAN HILLS SUBSTANDARD BUILDING BOARD MEMORANDUM FROM: The Neighborhood Services DATE: November 9, 2021 Department SUBJECT: Approve of minutes of the August 10, 2021, Substandard Building Board Meeting. PRESENTER: Stefanie Martinez, Director of Neighborhood Services SUMMARY: The minutes are approved by majority vote of the Board at the Substandard Building Board meetings. GENERAL DESCRIPTION: The Neighborhood Services Department prepares action minutes for each Substandard Building Board Meeting. The minutes from each meeting are placed on a later agenda for review and approval by the Board. Upon approval of the minutes, an electronic copy is uploaded to the City's website. RECOMMENDATION: Approve Minutes of the August 10, 2021, Substandard Building Board Meeting. 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 AUGUST 10, 2021 The Substandard Building Board of the City of North Richland Hills, Texas met on the 10t" day of August 2021 at 6.00 p.m. in the Council Workroom. Present: Daniel Caulkins Place 1 Bill Wait Place 2 John Cope Place 3 Michael Gist Place 4 Jeff Arwine Place 5 Brian Crowson Place 6, Chairman Robert McCary Place 7 Staff Members: Stefanie Martinez Director of Neighborhood Services Maleshia McGinnis City Attorney Audrey Cappallo Executive Secretary Rayneice Horne Code Compliance Officer Brian Thomas Code Compliance Officer A. CALL TO ORDER Chairman Crowson called the meeting to order at 6.01 p.m. B.1 PUBLIC COMMENTS - AN OPPORTUNITY FOR CITIZENS TO ADDRESS THE SUBSTANDARD BUILDING BOARD ON MATTERS WHICH ARE SCHEDULED ON THIS AGENDA FOR CONSIDERATION BY THE 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 RECORDING SECRETARY PRIOR TO THE START OF THE SUBSTANDARD BUILDING BOARD MEETING. Chairman Crowson informed the Board that no one had signed up to speak during public comments. CA APPROVE OF MINUTES OF THE JULY 13, 2021 SUBSTANDARD BUILDING BOARD MEETING. MR. DANIEL CAULKINS MOVED TO APPROVE THE MINUTES OF THE JULY 13, 2021 SUBSTANDARD BUILDING BOARD MEETING. MR. ROBERT MCCARY SECONDED THE MOTION. Substandard Building Board Meeting August 10, 2021 Page 1 of 11 MOTION TO APPROVE CARRIED 7-0. C.2 SBB 2021-81 PUBLIC HEARING AND CONSIDERATION WHETHER THE STRUCTURES AND ACCUMULATION ON THE PROPERTY LOCATED AT 7405 HIGHTOWER DRIVE KNOWN AS TRACTS 413, 4131 & 4131 B ABSTRACT NO. 311 OF THE JOHN CONDRA SURVEY IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS ARE SUBSTANDARD OR A NUISANCE WITHIN THE MEANING OF THE CITY'S ORDINANCES AND ORDER REPAIR OR DEMOLITION AND/OR REMOVAL OF ACCUMULATION. APPROVED Before proceeding forward with the case, Chairman Crowson sworn in Stefanie Martinez, Brian Thomas and Rayniece Horne. Chairman Crowson called on Stefanie Martinez, Director of Neighborhood Services, to present the case. Ms. Martinez presented an aerial map of the property located at 7405 Hightower Drive and property is zoned Agriculture. Ms. Martinez also presented a Diagram Map with the layout of the property. Ms. Martinez stated she wouldn't be going through the entire case history as she had intended to do the day before as an Agreed Order was reached with the property owner through their attorney. The Agreed Order stated the property would be vacated from occupancy, structures would be demolished and debris be removed within 120 days. The property was currently for sale. The property is about 2.28 acres. Ms. Martinez asked the Board to consider the Agreed Order that has been presented and it was also included in the Substandard Building Board Packet provided to the Board. If the Board agree, a motion could be made to approve the Agreed Order. Ms. Martinez also stated she was still available for any questions the Board may have. Chairman Crowson asked the Board if they had any questions for the City. Mr. Michael Gist asked Ms. Martinez if the property owner filled the pool. Ms. Martinez responded yes the property owner and family members filled the pool in. Mr. Robert McCary asked for clarification on the Agreed Order as it just 120 days to complete everything or is it 120 days to complete one thing and another 120 days to complete another. Ms. Martinez stated it is a set 120 days from the date of the Boards approval of the Agreed Order. Ms. McGinnis, City Attorney, added that the Agreed Order does indicate that if the property is not brought into compliance within the 120 days, the City has authority to go in and bring the property into compliance. Substandard Building Board Meeting August 10, 2021 Page 2 of 11 Chairman Crowson opened the public hearing and asked for anyone wishing to speak on the item to come forward. Ms. Martinez stated for the record that the property owner's Attorney did agree to Agreed Order as well. This was taken under advisement of their attorney and the property owners did sign off on the order yesterday. The attorney is out of town which why she is not present tonight. Chairman Crowson closed the public hearing. MR. BILL WAIT MOVED TO APPROVE THE AGREED ORDER ENTERED BY THE NEIGHBORHOOD SERVICES DIRECTOR AND THE PROPERTY OWNER. MR. ROBERT MCCARY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. C.3 SBB 2021-82 PUBLIC HEARING AND CONSIDERATION WHETHER THE ACCUMULATION ON THE PROPERTY LOCATED AT 5600 NEWMAN DRIVE KNOWN AS BLOCK 6, LOT 21 OF THE IRISH MEADOWS ADDITION IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS IS IN VIOLATION OF THE CITY'S ORDINANCES AND ORDER TO ABATE AND/OR ISSUE CIVIL PENALTIES. APPROVED Before proceeding forward with the case, Chairman Crowson sworn in Jeana Conrad, Floyd Smith and Mildred Smith. Chairman Crowson called on Stefanie Martinez, Director of Neighborhood Services, to present the case. Ms. Martinez presented an aerial map of the property located at 5600 Newman Drive. The property located east of the Academy of Carrie Frances Thomas Elementary School. The property is zoned residential. Ms. Martinez provided the Board with an overview of action taken to date for the structure located at 5600 Newman Drive. • February 24, 2021 - case initiated, violation confirmed. Code Officer Brian Thomas observed accumulation of household furniture, trash/debris, tires, dismantled motor scooters in driveway and on side of house. Code Officer Thomas made contact with the homeowner, Floyd Smith, his daughter and his grandson Houston Griffith. Mr. Griffith admitted to bringing the items to property and stated he lives at the property as well. A notice of violation was mailed to the Substandard Building Board Meeting August 10, 2021 Page 3 of 11 property address per Tarrant Appraisal District records. The notice was also posted on the front door of the property. • March 8, 2021 — re-inspection noted progress made; several items stacked at the curb for garbage pick up. • March 16, 2021 — property appeared compliant. Based on Mr. Griffith's comments to Officer Thomas the property would be continued to be monitored for accumulation and debris violation. • March 19, 2021 - Officer Thomas noted the property in violation and took photos. • March 23, 2021 - Officer Thomas observed accumulation of tires and a dismantled motor scooter in the driveway. A final notice of violation was mailed to the property owner at that time. • April 6, 2021 - Officer Thomas observed accumulation of trash/debris, tires and boxes throughout the property. • April 14, 2021 - Officer Thomas observed tires in the backyard, miscellaneous items in the driveway and accumulation stored on a trailer and in the bed of a truck. • April 19, 2021 - the property remained in violation • April 21, 2021 - Officer Thomas submitted a probable cause affidavit to the municipal court consideration. Ms. Martinez stated that a Probable Cause Affidavit is equivalent to a citation. • April 26, 2021 - the property remained in violation. • April 28, 2021 - the property remained in violation. • May 4, 2021 - Officer Brian Thomas observed an interior door, an old grill and miscellaneous debris on side of house and in driveway, a refrigerator, tires and several lawn mowers in the rear yard. A vehicle with a flat tire was also blocking the sidewalk. Officer Thomas initiated an inoperable vehicle case for the vehicle with the flat tire. • May 7, 2021 - the property remained in violation. • May 10, 2021 - Neighborhood Services received a citizen compliant that the resident leaves scrap in the driveway and vehicles with expired registration parked on the roadway. The complaint also stated that hazardous debris such as nails and other items are often left in the roadway. • May 11, 2021 - the property remained in violation. • May 13, 2021 - Neighborhood Services received a citizen compliant regarding junk in the front and rear yard. Substandard Building Board Meeting August 10, 2021 Page 4 of 11 • May 13, 2021 - Officer Brian Thomas observed an accumulation of miscellaneous trash/debris and a refrigerator in the driveway; there were also several mowers in the rear yard. • May 17, 2021 - Officer Thomas received a complaint stating there were several refrigerators in the front yard that are not secured. Officer Thomas observed tires, wood, vehicle parts, several mowers, trash/debris and other miscellaneous items stored throughout the property. • May 19, 2021 - Neighborhood Services received a citizen compliant regarding the accumulation at the property October 29, 2018 - Email sent to property owner Colin Richardson from Deputy City Manager Paulette Harman requesting property owner's willingness to work with City. • May 27, 2021 - Officer Thomas received a voice message from a citizen complaining about the junk that is stored on the property, junk vehicles parked on the property. Officer Thomas observed a large TV, boxes with debris, wood, metal, several lawn equipment and all other miscellaneous items stored throughout the property. • June 2, 2021 - Director Stefanie Martinez observed a projection TV, scrap wood, scrap metal, several pieces of lawn equipment, trash/debris and other miscellaneous items stored throughout the property. Photos were taken for a virtual court hearing with the property owner's grandson, Houston Griffith. Mr. Griffith appeared for the court hearing; a $300 fine was issued to Mr. Griffith and he was placed on 90 day probation. Mr. Griffith was also given 7 days to bring the property into compliance. • June 9, 2021 — Building Inspector Gary Taylor received a complaint from the apartment complex directly to the west of the property. Mr. Taylor observed trash bags, wood, metal, several lawn mowers, tires, trash/debris and other miscellaneous items stored throughout the property. There was also a truck in the driveway and the truck bed full of junk. • June 10, 2021 - Officer Thomas observed trash bags, wood, metal, several lawn mowers, tires, litter, trash/debris and all other miscellaneous items stored throughout the property. There was a trailer full of several items, a truck blocking the sidewalk the bed of the truck filled with junk. Mr. Griffith stated the white vehicle on the street was not operable and belong to his friend and the motorcycle in driveway was operable. • June 12, 2021 — Lead Code Compliance Officer Rayneice Horne observed a trash bag, trash/debris, other miscellaneous items stored in the driveway along with a trailer full of miscellaneous items. She also noted the truck that had been blocking the sidewalk on June 10, 2021 was stored in the Academy at C. F. Thomas Elementary School parking lot across the street from the property. • June 16, 2021 - the property remained in violation. Substandard Building Board Meeting August 10, 2021 Page 5 of 11 • June 18, 2021 - the property remained in violation. • June 21, 2021 - the property remained in violation. • June 22, 2021 - the property remained in violation. • June 23, 2021 - the property remained in violation. The Birdville Independent School district was notified of the vehicle(s) being stored in the parking lot of the Academy at C. F. Thomas Elementary School by the occupants of said property. • June 26, 2021 - Code Compliance Officer Debbie Heizer observed the property remained in violation and photos were taken. • June 29, 2021 - Officer Thomas observed a large pile of dead tree limbs in rear yard as well as a large pile of trash/debris on the trailer, along with more accumulation in driveway. No vehicles were observed on the BISD property. • June 30, 2021 - Officer Thomas submitted a subsequent probable cause affidavit to municipal court regarding the unlawful accumulation. • July 2, 2021 - Director Stefanie Martinez received a complaint from City staff. Mrs. Martinez observed a large pile of tree limbs in the rear yard as well as a heaping pile of scrap metal and other accumulation in the driveway. Two individuals were out in the driveway walking among the piles of scrap metal. Photos were taken. • July 7, 2021 - Officer Horne observed trash bags, wood, tires, a pallet with several miscellaneous items in the driveway and side of house. The Notice & Order was posted on the front door, the property owner's grandson, Mr. Griffith was on site. He asked if he could be citied for the accumulation stored on the property and Officer Horne explained to him that the Notice & Order posted pertains to the property owners only. The Notice & Order was mailed certified to the property owners, Mr. Floyd Gene and Mrs. Mildred Gates Smith. • July 20, 2021 - the property remained in violation. • July 21, 2021 Officer Thomas observed buckets, piles of wood, drum set, two dismantled motorcycles, several pieces of lawn equipment, items which appeared to be broken, trash/debris and other miscellaneous items stored throughout the property. The trailer in the driveway also had a large pile of trash/debris stored on it. Photos were taken for a virtual court hearing with the property owner's grandson, Houston Griffith. Mr. Griffith appeared for the court hearing. He was fined $400 and given seven days to comply and also placed on a 90 day probation. Ms. Martinez presented several photos of the property. Photos included: • Photos of both the Notice and Order and Notice of Hearing posted at 5600 Newman Drive. Substandard Building Board Meeting August 10, 2021 Page 6 of 11 • Photo taken of accumulation of household furniture, trash/debris, tires, dismantled motor scooters in driveway and on side of house. Photo taken on February 24, 2021 by Code Officer B. Thomas. • Photo taken of accumulation of various items stored in the driveway. Photo taken on March 19, 2021 by Code Officer B. Thomas. • Photo taken of accumulation of trash and debris on trailer in driveway. Photo taken on April 28, 2021 by Code Officer B. Thomas. • Photo taken of accumulation of trash/debris stored on trailer in the driveway and household items in driveway and side of house. Photo taken on April 28, 2021 by Code Officer B. Thomas. • Photo taken of accumulation of various items, a refrigerator, tires and at least four mowers in the rear yard. Photo taken on May 4, 2021 by Code Officer B. Thomas. • Photo taken of accumulation of trash/debris stored on trailer in the driveway and household items in driveway and side of house. Photo taken on May 13, 2021 by Code Officer B. Thomas. • Photo taken of accumulation of miscellaneous trash/debris and a refrigerator in the driveway and side of house also several mowers in the rear yard. Photo taken on May 17, 2021 by Code Officer B. Thomas. • Photo taken of accumulation of boxes with debris, wood, metal, a TV, several lawn equipment and all other miscellaneous items stored throughout the property. Photo taken on May 27, 2021 by Code Officer B. Thomas. • Photo taken of accumulation of trash bags, wood, metal, several lawn mowers, tires, litter, trash/debris and all other miscellaneous items stored throughout the property. Photo taken on June 10, 2021 by Code Officer B. Thomas. • Photo taken of accumulation of trash bags, wood, metal, several lawn mowers, tires, litter, trash/debris and all other miscellaneous items stored throughout the property. Photo taken on June 12, 2021 by Code Officer B. Thomas. • Photo taken of accumulation of trash/debris on trailer, along with other miscellaneous items in the driveway. Photo taken on June 29, 2021 by Code Officer B. Thomas. • Photo take of accumulation of trash bags, wood, tires, a pallet with several miscellaneous items in the driveway and side of house. Photo taken on July 7, 2021 by Code Officer B. Thomas. • Photo take of accumulation of buckets, piles of wood, drum set, two dismantled motorcycles, several lawn equipment, broken items, trash/debris and all other miscellaneous items stored throughout the property. Photo taken on July 21, 2021 by Code Officer B. Thomas. Substandard Building Board Meeting August 10, 2021 Page 7 of 11 Ms. Martinez stated she wanted to address the photos that were passed out earlier. The photos were taken that afternoon by Officer Thomas. There are some lawn equipment items in those photos. There are more debris in the driveway. The property is a bit cleaner compared to the other photos presented. The property still remains in violation. Ms. Martinez advised the Board that she will defer at this time until the property owner has had a chance to speak to the Board and then she will come back up to present staff recommendation to the Board. Chairman Crowson asked the Board if they had any questions for the city. Chairman Crowson asked Code Officer Brian Thomas "It seems every time you would go out to the property there seems to be more debris coming and little bit debris would be removed and then more would come back, is that correct?" Code Officer Brian Thomas relied "Yes, that is correct. Debris would come in and out until this last Probable Cause Affidavit. The property did get clean some but still in violation." Chairman Crowson asked the Board if anyone else had any questions for the city. Chairman Crowson opened the public hearing and asked for anyone wishing to speak on the item to come forward. Rijeana Conrad, property owner's daughter and mother of Houston Griffith, stepped forward. She stated the trailer is gone. She thought they were getting into compliance. She asked what still needs to be done. All that is left, that she can see is the lawnmower and few items in the driveway. She stated they got all around the house cleaned out. Chairman Crowson replied that being in compliance would be no debris anywhere. Chairman Crown asked Ms. Conrad would she like to leave next door to that if you were someone else. Ms. Conrad replied no, and that she is embarrassed of the junk in the yard. She has lived in that house her whole life. Chairman Crowson asked Ms. Conrad if it is her son is the one bringing in the accumulation. Ms. Conrad replied "Yes, it is." Chairman Crowson asked Ms. Conrad what does her son do cruise garage sales? Ms. Conrad replied curb shopping and dumpster diving. Chairman Crowson asked Ms. Conrad what she plans to do to get rid of all the debris. Ms. Conrad replied that by the next trash day all the debris on the outside should be gone. They are still working on the inside as they are fighting with her son about the stuff in the garage. Chairman Crowson asked Ms. Conrad how old her son was. She responded with 30 years old. Chairman Crowson asked Ms. Conrad if Mr. Griffith also lives at the residence. Ms. Conrad replied yes but he should not. We want him to move and we keep telling him to move. She said she does not give him gas money until the next morning so that he is not out bringing in more debris at night. Chairman Crowson asked Ms. Conrad again what she plans to do to get rid of all the debris. Ms. Conrad replied that it would be gone by the next trash. Mr. Floyd Smith, property owner, responded that they have had debris hauled off before and it cost them $500. Substandard Building Board Meeting August 10, 2021 Page 8 of 11 Chairman Crowson asked the Board if they had any questions for the property owners. Mr. Gist stated that the current pictures provided are from three hours ago and it does show some improvements but there are still some of the items left around. He wanted to point out the improvement, but Ms. Conrad had stated before that they had done everything but there are still items that need to be removed which is line with Code Officer Thomas stated about improvements being made and then debris being brought back on to the property. Ms. Conrad replied "I'm not saying it's perfect at the moment but will be by next trash day which is Thursday." Chairman Crowson informed Ms. Conrad Mr. and Ms. Smith, that the Board is going to action and if the action is not taken care of there is going to be some several penalties against you and may cost you more in fines than it would have cost you to hire someone to haul off all the debris. Mr. Smith asked Chairman Crowson if he does to throw his granddaughters toys that are in the backyard that she still plays with. Chairman Crowson said no, not if it is in backyard and the toys are being used. Mr. Smith stated they only own one vehicle and they don't have any control over people parking in the street. Chairman Crowson responded right but that is not the issue we are here to address. We are here to access penalties against you all unless you come into compliance. Chairman Crowson asked Ms. Conrad if they understood that. Ms. Conrad replied yes. Ms. Martinez informed the Board that staff understands that the property owners are elderly and they are not the ones creating the issue but however because they do own the property, they are solely responsible to maintain the property. Ms. Martinez advised the Board that it is the opinion of staff that the 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 in a nuisance and order that: • The items and conditions identified in violation of Chapter 34, Section 34-33 be 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. Ms. Martinez informed the Board that staff was going to ask for civil penalty to be issued against the property owners but doesn't believe that is going to get us where we need to be. Penalizing them with extra fees is not going to solve the issue. Staff believes just by issuing the Order to clean the property will be sufficient. Chairman Crowson asked the Board if they had any more questions for the City. Mr. John Cope asked Ms. Martinez in a situation like this regardless whether it is a grandson or a homeowner, when you have these reoccurring conditions that are a Substandard Building Board Meeting August 10, 2021 Page 9 of 11 pattern of complying one day and not complying the next day and so on, what is the city's procedures to deal with those kind of reoccurring problems. Ms. Martinez replied we take steps to address this. The first step would be the citation which we have already gone through on this case. The second step would be to come to the Substandard Building Board to ask for the Order so if it is in violation after the timeframe allowed by Board, the City can go clean it. If it continues to be an issue, our next step would be to go to District Court. We would go to District Court and would ask for a Permanent Injunction that would authorize the City to go on to the property and remove any debris anytime debris returns. We have had a couple cases like this recently that we have taken to District Court as they continue to bring things in and it was causing a hazard to the community. The judge in that case did order that the City could go in and clean it and at any point it became a violation the City could access the property again and remove it again. That would be our next step District Court. Ms. McGinnis, City Attorney, informed the Board that addition to that are civil penalties that are attached in the event we have to take it to District Court and so penalties could be as much as $1,000 a day per day that the violation exist. Mr. Gist asked Ms. Martinez that Mr. Griffith has been fined two and placed on probation twice, what is informed with that probation. Ms. Martinez replied that her understanding is that if he comes into violation again and cited again his fines could increased. Ms. Martinez asked Ms. McGinnis if there was else other than fines. Ms. McGinnis replied just fines against him and of course if he doesn't pay those fines, it will go into a warrant status and becomes that whole issue. Ms. Gist asked inside those 90 day period or outside the 90 days. Ms. McGinnis replied it is usually outside the 90 days. Mr. Gist asked so that points to your conclusion that this has happened twice and it is not rectifying the situation, is that correct. Ms. Martinez replied correct. Chairman Crowson asked Ms. Martinez when did the 90 days probation started. Ms. Martinez stated the most recent court date was in July. It was July 21, 2021 so through October 21, 2021 for the 90 days probation. Mr. Gist asked Ms. Martinez does that just apply to Mr. Griffith or does that apply to the property owners. Ms. Martinez replied no that criminal citation against Mr. Griffith. Chairman Crowson closed the public hearing. Chairman Crowson asked the Board if they had any questions or if they needed to discuss. Mr. Cope informed the Board he would like it to be know that this is an intolerable situation to have reoccur. They live there and they know what is happening and they know what is in the driveway. They can look as see it. They know how to pick up the phone and know how to call for help. If they need to call the City, call the City but this needs to stop. We have children going to school in the neighborhood, directly across the street. We have apartments and a park nearby. We can't have their property become a problem for the children in their area. It is not just an eye sore, and it just degrade property value but that is why ordinances like this exist. They have a higher degree responsibility as the property owners as there are children out there. He would impearl Substandard Building Board Meeting August 10, 2021 Page 10 of 11 them to take action without requiring the Board or the City to come down on them harder to motivate them to take the necessary actions. Whether it is relation to grandson and picking up the phone and having someone to pick it up. They need to take personal responsibility and make sure this doesn't happen again. Ms. Mildred Smith stepped forward and stated this isn't the first time this has happened but it is the first time that it is has gotten this far. She stated they are older and they can't go out there and clean it up for him. We can go out there and talk to our grandson but it is in one ear and out the other. She doesn't know what to tell him except to have him evicted. She fears that he will strike back at them. Chairman Crowson responded that he understand but they need to file to evict him. Once he is evicted, if he comes back on the property file criminal trespass charges against him. If you have any issues, call them police and they will be willing to help you out. MR. BILL WAIT MOVED TO ENTER THE FOLLOWING ORDER FOR SBB 2021-82 DETERMINING THE PROPERTY LOCATED AT 5600 NEWMAN DRIVE KNOWN AS BLOCK 6, LOT 21, IRISH MEADOWS 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 GARBAGE, RUBBISH, RUBBLE OR DEBRIS, GRASS TRIMMINGS, BUILDING MATERIALS, BUILDING RUBBISH, DISCARDED FURNITURE, TREE LIMBS, LEAVES, HOUSEHOLD WASTE ITEMS, ASHES, HOUSEHOLD APPLIANCES, VEHICLE TIRES, SCRAP METAL OR AUTOMOBILE PARTS MUST BE REMOVED WITHIN 30 DAYS OF THE BOARD ORDER; IF THE PROPERTY OWNER FAILS TO COMPLY FULLY WITH THIS ORDER, THE CITY IS AUTHORIZED TO ENTER ON TO THE PROPERTY AND ABATE THE NUISANCE AND REMOVE THE UNLAWFUL ACCUMULATION. THE COSTS ASSOCIATED TO THE CLEANUP AND REMOVAL WILL BE ASSESSED AGAINST THE PROPERTY OWNER WITHOUT ANY FURTHER NOTICE GIVEN TO THE OWNER. 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. MR. DANIEL CAULKINS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. D. ADJOURNMENT Chairman Crowson adjourned the meeting at 6.49 p.m. Brian Crowson, Chairman ATTEST: Audrey Cappallo, Executive Secretary Substandard Building Board Meeting August 10, 2021 Page 11 of 11 "K NOKTH KICHLAND HILLS SUBSTANDARD BUILDING BOARD MEMORANDUM FROM: Neighborhood Services DATE: November 9, 2021 Department SUBJECT: SBB 2021-83 Public Hearing and consideration whether the accumulation on the property located at 7220 Riviera Drive, known as Lot 15, Block 21, North Richland Hills Addition in the City of North Richland Hills, Tarrant County, Texas is in violation of city's ordinances and order to abate. PRESENTER: Stefanie Martinez, Director of Neighborhood Services SUMMARY Neighborhood Services will present evidence to the Board for consideration as to whether conditions exist on the single family property which are in violation of the Chapter 34 of the Nuisance Ordinance. BACKGROUND INFORMATION The property is located at 7220 Riviera Drive. The property is zoned R-2 (Single Family Residential)with a single-family residence. The 16,260 square foot property is owned and occupied by Yvan Lopez. The case was initiated on July 29, 2019 when the property was identified to have an unlawful accumulation of brush, trash, and debris, in the rear yard. Several notices of violation have been issued to the property owner yet no access to the rear yard was gained. Although the property had shown minimal improvement, the accumulation continues to be present at the property. In February of this year a neighbor allowed access to their yard and photos were taken of the debris in the rear yard of 7220 Riviera Drive. A probable cause affidavit was issued to the property owner. The case was brought to the municipal court in April and found to be in violation. A fine was issued to the owner and more time given to bring the rear yard into compliance. In July of this year a show cause hearing was held. The property remains in violation nearly 2 years after the initial notice was issued to comply with the city ordinance, and being fined. "K NOKTH KICHLAND HILLS ANALYSIS ...... r d o.4v 79C{ W I N N E.L L_ 48rM•1 il' 9ar f� r ci i iI i i I 1 ry ..I ry c5 d P21 r 1 po- 2i') n�16 7 ,'1 17900 J m f Ill........ .. �•r'ir. 1 it I y lu I � .. 4 PI,11 4617 T� ...i�i 1 ("(0) 7301 I n I RECOMMENDATION Staff recommends that the Substandard Building Board find that a nuisance exists on the property in violation of Chapter 34 of the North Richland Hills Code of Ordinances, the property is substandard in violation of Chapter 98 of the North Richland Hills Code of Ordinances, and order the nuisance be abated in accordance with the authority granted to the Board under the applicable local ordinances, and state and federal laws, rules and regulations. D221309777 10/22/2021 02:02 PM Page: 1 of 1 Fee: $19.00 Submitter: Audrey Cappallo Electronically orde t my k in Official Public Records to� ,� MARY tLL L,66SON c� ��ticii��u ovlaices CITY OF NORTH RICHLAND HILLS Notice to Appear— Substandard Building Board October 22, 2021 Certified/Return Receipt Requested 7017 2620 0001 0374 5304 Yvan Lopez 7220 Riviera Drive North Richland Hills, Texas 76180 Re: SBB 2021-83; 7220 Riviera, legally described as Lot 15, Block 21 of the North Richland Hills Addition in the City of North Richland Hills, Tarrant County, Texas According to the real property records of Tarrant County, you own or have an interest in the real property described in this notice. It has been alleged that the property described is currently in violation of Section 34-33 of the City of North Richland Hills Code, therefore the City of North Richland Hills Neighborhood Services Department will present a request to the Substandard Building Board that you be ordered to abate the nuisance, that a civil penalty in an amount 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 be assessed against your property, and that the City be granted the authority to enter on the property to remove the nuisance if not abated within a fixed period of time. This hearing will take place in the City Council Workroom — 3rd Floor, North Richland Hills City Hall, 4301 City Point Drive, North Richland Hills, Texas 76180 at 6:00 pm on November 9, 2021. It is alleged that you were previously notified and requested to abate the accumulated refuse, vegetation or other matter that creates breeding and living places for insects and rodents in violation of City ordinance Chapter 34— Environment, Section 34-33— Specific Nuisance, and that you failed to do so in a timely manner. You, as the owner, lienholder, or mortgagee, shall be required to submit at the hearing proof of the scope of any work that may be required to comply with this article, and the time in calendar days in which it will take to reasonably perform the work. You have the right to request the presence of City staff for the purpose of questioning at the hearing and the right to cross-examine City staff at the hearing. Failure to appear will be deemed as waiving your right to be heard and the Board will make their determination based on the evidence presented. A copy of the Order of the Board concerning your case will be mailed to you. Documentation of the conditions referred to above is on file with the Neighborhood Services Department, Code Compliance Division at 4301 City Point Drive, North Richland Hills, TX 76180. All interested persons may appear and be heard. Stefan i Martinez, Neighborhood Services Director Given under my hand and seal of office;Dhdday of October 2021. AUDREY CAPPALLO awvL (04A �SNotary Public,State of Texas Notary P lic in n for the t to of/Texas P,, Comm. Expires 02-19-2024 My Commission Expires: n w% Notary ID 126417518 4301 City Point Drive 0 North Richland Hills,Texas 0 76180 Phone 817-427-6650 0 Fax 817-427-6667 "K NOKTH KICHLAND HILLS SUBSTANDARD BUILDING BOARD MEMORANDUM FROM: Neighborhood Services DATE: November 9, 2021 Department SUBJECT: SBB 2021-84 Public hearing and consideration as to whether the structures and accumulation on the property located at 1 Country Place, known as Tract 7A02A, Abstract 1266 in the Stephen Richardson Survey in the City of North Richland Hills, Tarrant County, Texas are substandard or a nuisance within the meaning of the city's ordinances and order repair or demolition and/or removal of accumulation. PRESENTER: Stefanie Martinez, Director of Neighborhood Services SUMMARY Neighborhood Services will present evidence to the Board for consideration as to whether the single family structure and accessory structure are substandard as described in Chapter 98 of the City of North Richland Hills' Buildings Ordinance. Staff will also provide evidence that conditions exist on the property which are in violation of the Chapter 34 of the Nuisance Ordinance. BACKGROUND INFORMATION The property is located at 1 Country Place Drive. The property is zoned AG (Agricultural) and has a single-family residence and accessory structure. The 1.24 acre property is located north of Northfield Park. The property is vacant and owned by Douglas Bolling whom resides in Paradise, Texas. On December 9, 2020, the City received a complaint about conditions at the property. The initial violations observed by Code Officer Matthew Hall included unlawful outdoor accumulation, a recreational vehicle being used for living, inoperable vehicles, and two substandard and hazardous structures. On December 14, 2020, Code Officer Hall spoke to the property owner, Douglas Bolling, on the phone about the overall conditions on the property. Bolling advised Hall that he planned on selling the property as is and did not have plans to make repairs or improvements. Bolling did acknowledge that the structures on the property were Substandard and Hazardous. On January 6, 2021, Hall contacted the owner over the phone. The property owner granted Officer Hall permission to make an inspection of the entire property. Hall documented that the recreational vehicle being used for living had been removed from the property and several vehicles had also been removed. Additionally, Hall documented that the primary and accessory structures were both Substandard and Hazardous, and there was a large amount of accumulation on the property of dead tree limbs, household items, trash, litter, solid waste, and debris. For the next several months, Hall and the owner Bolling maintained a line of communication over the phone and spoke on several occasions. Hall continued to advise Bolling that the property "K NOKTH KICHLAND HILLS needed to be brought into compliance. Bolling advised Hall that he was in the process of trying to sell the property and had a potential buyer and requested additional time. On May 4, 2021, Hall attempted a re-inspection at the property and was permitted by the owner over the phone to make an inspection on the entire property. Hall documented that no changes had taken place to the conditions of the prior inspection on January 6, 2021 and that both the primary and accessory structures were Substandard and Hazardous. On May 5, 2021, Hall advised the owner Bolling on the phone that if the property was not brought into compliance soon, Hall would recommend the property be brought before the Substandard Building Board of the City of North Richland Hills. On July 12, 2021 Hall spoke to the owner Bolling on the phone and Bolling stated he would be aquiring a demolition permit and was no longer going to sell the property at that time. On September 9, 2021, Hall called the owner Bolling on the phone and left a voicemail for call back. Since that call, Hall has not received any communication from the owner. Since the inception of the cases, the recreational vehicle being used for living has been moved off the property, several inoperable vehicles were moved off of the property, however, no improvement has been made to the substandard structures or the accumulation. Previous attempts to sell the property have failed and the property conditions remain the same. The structures are Substandard and Hazardous and constitute a danger to the public. ANALYSIS r i . Y .. �. t r ....... . STAFF RECOMENTATION Staff recommends that the Substandard Building Board find that a nuisance exists on the "K NOKTH KICHLAND HILLS property in violation of Chapter 34 of the North Richland Hills Code of Ordinances, the property is substandard in violation of Chapter 98 of the North Richland Hills Code of Ordinances, and order the nuisance be abated in accordance with the authority granted to the Board under the applicable local ordinances, and state and federal laws, rules and regulations. D221309728 10/22/2021 12:51 PM Page: 1 of 2 Fee: $23.00 Submitter: Audrey Cappallo Electronically Recorded by Tarrant County Clerk in Official Public Records to� ,� MARY LOUISE NICHOLSON COUNTY CLERK NItH Code Compliance CITY OF NORTH RICHLAND HILLS Notice of Hearing — Substandard Building Board October 22, 2021 Certified/Return Receipt Requested 7017 2620 0001 0374 5335 Douglas B Bolling 517 County Road 2791 Paradise, Texas 76073 Re: SBB 2021-84; 1 Country Place Drive, legally described as Abstract 1266 Tract 7A02A Richardson, Stephen Survey in North Richland Hills, Tarrant County, Texas Notice is hereby given that a meeting of the City of North Richland Hills Substandard Building Board will be held at 6:00 p.m. on Tuesday, November 9, 2021, at the City of North Richland Hills City Hall, Council Workroom — 3r Floor, 4301 City Point Drive, North Richland Hills Texas 76180. A public hearing will be held to consider action regarding the following substandard residential building, accessory building, and accumulation in accordance with the city's substandard building regulations, North Richland Hills Code of Ordinances, Chapter 98. Violations of city standards present at the buildings are as follows: 1. Exterior of structures have accumulation of trash and debris. 2. Both exterior and interior of both structures must be brought to minimum code requirements, or structures must be demolished. Notifications of these violations were sent on May 4, 2021, September 24, 2021, and October 13, 2021. The board will determine whether the buildings and property maintenance comply with the standards set out in the ordinances and consider whether to uphold the Building Official and the Director of Neighborhood Services order to repair or demolish structures and remove all debris. In either case, if the ordered action is not taken within a reasonable time specified by the Board, the City may vacate, secure, remove, or demolish the buildings, remove the accumulation or relocate the occupants of the building and levy the cost thereof as a special assessment against the property. The Board may assess civil penalties against the property owner for non-compliance. 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. 4301 City Point Drive • North Richland Hills,Texas • 761.80 Phone 817-427-6663 • Fax 817-427-6667 D221309728 Page 2 of 2 NlkH Code Compliance CITY OF NORTH RICHLAND HILLS All interested persons may appear and be heard. Failure to appear will be deemed as waiving your right to be heard and the Substandard Building Board will make their determination based on the evidence presented. A copy of the order of the Substandard Building Board concerning your case will be mailed to you. Documentation of the conditions referred to above is on file with the Neighborhood Services Department, Code Enforcement Division at 4301 City Point Drive, North Richland Hills, TX 76180. Sincerely, a4 �%L� Stef ,fie Martinez., Neighborhood arvices Director Given under my hand and seal of office the.22�day of October, 2021. a J/,k-d .'� `�tiP,pY PG6�4 AUDREY CAPPALLO Notary Public in andVfffr the State of Texas _i n'sNotary Public,State of Texas Comm.Expires 02-19-2024 My Commission Expires: / Notary ID 126417518 4301 City Point Drive • North Richland Hills,Texas • 76180 Phone 817-427-6663 • Fax 817-427-6667 "K NOKTH KICHLAND HILLS SUBSTANDARD BUILDING BOARD MEMORANDUM FROM: Neighborhood Services DATE: November 9, 2021 Department SUBJECT: SBB 2021-85 Public hearing and consideration as to whether the accessory structure on the property located at 6320 Skylark Circle, known as Lot 6, Block 11, Meadow Lakes Addition in the City of North Richland Hills, Tarrant County, Texas is substandard within the meaning of the city's ordinances and order demolition and/or removal of accessory structure. PRESENTER: Stefanie Martinez, Director of Neighborhood Services SUMMARY Neighborhood Services will present evidence to the Board for consideration as to whether the accessory structure is substandard as described in Chapter 98 of the City of North Richland Hills' Buildings Ordinance. BACKGROUND INFORMATION The property is located to the Meadow Lakes subdivision. The property is zoned R-2 (Single Family Residential) and has a single-family residence with a non-permitted accessory structure. The 0.2387 acre property is located within the Meadow Lakes community. The property is occupied by the owners Albert and Mariella Horst. On August 30, 2021 Code Officer Simmons received a complaint regarding a structure being built on the side of the house without a permit. On August 31, 2021 Code Officer Simmons observed construction work at the property and took photos of the structure. Simmons sent an email to Dave Pendley, Mary Lou Salas and Gary Taylor in the Planning Department to confirm if the structure was an illegal structure. Building Inspector, Gary Taylor from the Planning Department placed a stop work notice on the door requesting an onsite inspection. No contact was made with the property owner at that time. On Saturday September 11, 2021, a complaint was received that work on the structure was in progress. Code Officer Matthew Hall met with the contractor Mr. Lopez and the homeowner Mr. Horst and explained that a permit is required for the work being done. Mr. Horst acknowledged the stop work placed on the door and proceeded with building the structure. On September 20, 2021 a complaint was received that work on the structure was in progress. Code Officer Simmons and Gary Taylor from the Planning Department met with the contractor Mr. Lopez. The work was complete on the lean-to structure. Gary explained to Mr. Lopez that it was an illegal structure and would need to be removed. Mr. Lopez stated that the owner would have to hire someone else he would not be removing the structure. Gary stated to Mr. Lopez that the structure would need to be removed by Monday September 27, 2021 or citations would be "K NOKTH KICHLAND HILLS issued to him and the homeowner. Mr. Lopez's co-worker went inside to get the homeowner to come outside to speak with us. The homeowner was too busy to come out at that time. Code Officer Simmons returned that same day and hand delivered a Notice of Violation to Mr. Lopez the contractor and Mr. Horst the homeowner stating the structure needed to be removed as it was built without a permit, with the compliance date of September 27, 2021. On September 22, 2021, Mr. Horst applied for a permit via the online portal. The permit was denied by the Plans Examiner, Mary Lou Salas due to fire-resistant construction, lack of construction plans, engineering on the footings, blocking egress windows and the cover is encroaching onto 10" minimum side yard setback. On September 27, 2021 Code Officer Simmons and Building Official Dave Pendley went to re- inspect the property and the structure still remained. Staff attempted to make contact with the homeowner, but had no response. ANALYSIS .... . .. f ii ...... .6733 6237 re 63019 313 317 6321 35 329 6333 �2 631010 63,04 $3,08 6312 6316 324 416 32 33�2 3 40 RECOMMENDATION Staff recommends that the Substandard Building Board find that a nuisance exists on the property in violation of Chapter 34 of the North Richland Hills Code of Ordinances, the property is substandard in violation of Chapter 98 of the North Richland Hills Code of Ordinances, and order the nuisance be abated in accordance with the authority granted to the Board under the applicable local ordinances, and state and federal laws, rules and regulations. D221309740 10/22/2021 12:59 PM Page: 1 of 2 Fee: $23.00 Submitter: Audrey Cappallo Electronically Recorded by Tarrant County Clerk in Official Public Records to� ,� MARY LOUISE NICHOLSON COUNTY CLERK NlkH Code Compliance CITY OF NORTH RICHLAND HILLS Notice of Hearing — Substandard Building Board October 22, 2021 Certified/Return Receipt Requested 7017 2620 0001 0374 5328 Albert Joseph and Mariella Horst 6320 Skylark Circle North Richland Hills, Texas 76180 Re: SBB 2021-85; 6320 Skylark Circle, legally described as Lot 6, Block 11 of the Meadow Lakes Addition in North Richland Hills, Tarrant County, Texas Notice is hereby given that a meeting of the City of North Richland Hills Substandard Building Board will be held at 6:00 p.m. on Tuesday, November 9, 2021, at the City of North Richland Hills City Hall, Council Workroom — 3rd Floor, 4301 City Point Drive, North Richland Hills Texas 76180. A public hearing will be held to consider action regarding the following substandard accessory building in accordance with the city's substandard building regulations, North Richland Hills Code of Ordinances, Chapter 98. Violations of city standards present at the buildings are as follows: 1. Structural Hazard. 2. Fire Hazard. 3. Inadequate fire protection or firefighting equipment. Notifications of these violations were sent on September 20, 2021 and October 13, 2021. 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 demolish accessory building. In either case, if the ordered action is not taken within a reasonable time specified by the Board, the City may 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 Board may assess civil penalties against the property owner for non-compliance. 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. All interested persons may appear and be heard. Failure to appear will be deemed as waiving your right to be heard and the Substandard Building Board will make their determination based 4301 City Point Drive • North Richland Hills,Texas • 76180 Phone 817-427-6663 • Fax 817-427-6667 D221309740 Page 2 of 2 IqFtH Code Compliance CITY OF NORTH RICHLAND HILLS on the evidence presented. A copy of the order of the Substandard Building Board concerning your case will be mailed to you. Documentation of the conditions referred to above is on file with the Neighborhood Services Department, Code Enforcement Division at 4301 City Point Drive, North Richland Hills, TX 76180. Sincerely, tefa a Martinez, eighborhood Se ices Director Given under my hand and seal of office thepQr\d day of October, 2021. AUDREY CAPPALLO 0XA.J1j.,4, rgnC�Sj—'� . Notary Public and o the State of Texas az°O;' �cNotary Public,State of Texas °Q Comm. Expires 02-19-2024 Notary ID 126417518 My Commission Expires:,::,)- I �1 4301 City Point Drive • North Richland Hills,Texas • 76180 Phone 817-427-6663 • Fax 817-427-6667