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HomeMy WebLinkAboutSBB 2022-06-14 Agendas k4Ft, D HILLS CITY OF NORTH RICHLAND HILLS SUBSTANDARD BUILDING BOARD AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 TUESDAY, JUNE 14, 2022 REGULAR MEETING: 6:00 PM Held in the Council Workroom A. CALL TO ORDER B. 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 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 March 8, 2022 Substandard BuildjEg Board meeting. C.2 SBB 2022-88 Public hearinq and consideration whether the single family residential structure on the property located at 6636 Brookshire Trail known as Lot 2, Block 6 o the North Park Estates Addition in the City of North Richlandills, Tarrant Count, Texas is substandard within the meaninq of the city's ordinances and order repair of the structure. Tuesday, June 14, 2022 Substandard Building Board Agenda Page 1 of 3 C.3 SBB 2022-89 Public hegL!jjg and consideration whether the structure on the property located at 6809 Driffield Circle West known as Lot 16, Block _1, Windsor Park Addition in the City o North ichland ills, Tarrant County, Texas are substandard or has unlawful accumulation within the meaning f the city:s ordinances and order repair demolition of the structure and/or removal of the accumulation. CA SBB 2022-90 Public hearinq and consideration whether the structure on tht_pLg2ertL located at 7625 Shadow Wood Drive known as Lot 7, Block 14, Fair Oaks Estates Addition in the City o North ichland ills, Tarrant County, Texas has an unlawful accumulation within the meaninq of the citv's ordinances and order removal of the accumulation. C.5 SBB 2022-91 Public hearing and consideration whether the structure on the property located at 4300 Booth Calloway Road known as William W. Wallace Survey,_ Abstract 1606 Tract 1OA04A in the City of North Richland ills, Tarrant County, is substandard or has unlawful accumulation within the meaning...gL_jb�e city's ordinances and order repair or demolition of the structure and/or removal of the accumulation. 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, June 10, 2022 by 5:00 PM. Audrey Cappallo Customer Service Assistant Tuesday, June 14, 2022 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, June 14, 2022 Substandard Building Board Agenda Page 3 of 3 IrLp NOKTH KICHLAN HILLS SUBSTANDARD BUILDING BOARD MEMORANDUM FROM: The Neighborhood Services DATE: June 14, 2022 Department SUBJECT: Approve minutes of the March 8, 2022, 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 March 8, 2022, 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 MARCH 8, 2022 The Substandard Building Board of the City of North Richland Hills, Texas met on the 8t" day of March 2022 at 6.00 p.m. in the Council Workroom. Present: Daniel Caulkins Place 1 John Cope Place 3 Michael Gist Place 4 Jeff Arwine Place 5 Robert McCary Place 7 Absent: Bill Wait Place 2 Brian Crowson Place 6, Chairman Staff Members: Stefanie Martinez Director of Neighborhood Services Thomas McMillian Assistant City Attorney Audrey Cappallo Executive Secretary Rayneice Horne Code Compliance Officer Brian Thomas Code Compliance Officer A. CALL TO ORDER Senior Board Member, Robert McCary called the meeting to order at 6.03 p.m. A.1 ELECTION OF ACTING CHIARMAN AND VICE CHAIRMAN Before proceeding with the meeting, Mr. McCary, informed the Board that due to the Chairman and Vice Chairman being absent and pursuant to section 102 of the North Richland Hills Substandard Building Board Rules of Procedure, an Acting Chairman and Acting Vice Chairman would need to be elected to conduct current meeting. Mr. McCary stated that nominations are now in order for Acting Chairman for today's meeting. Mr. Daniel Caulkins nominated Board Member Robert McCary and Mr. John Cope second the nomination. Mr. McCary asked if there were any further nominations. Mr. McCary closed the nominations. Mr. McCary stated he is the only candidate that has been nominated, therefore, he declares himself as Acting Chairman for the March 8, 2022 Substandard Building Board Meeting. Substandard Building Board Meeting March 8, 2022 Page 1 of 11 Acting Chairman Mr. McCary stated that nominations are now in order for Acting Vice Chairman for today's meeting. Mr. Daniel Caulkins nominated himself and Mr. Jeff Arwine second the nomination. Acting Chairman Mr. McCary asked if there were any further nominations. Acting Chairman Mr. McCary closed the nominations. Acting Chairman Mr. McCary stated Mr. Caulkins is the only candidate that has been nominated, therefore, he declares Mr. Caulkins as Acting Vice Chairman for the March 8, 2022 Substandard Building Board Meeting. Before proceeding, Acting Chairman McCary sworn in Stefanie Martinez, Brian Thomas Rayneice Horne and LaJeana Conrad. 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. Acting Chairman McCary informed the Board that no one had signed up to speak during public comments. CA APPROVE OF MINUTES OF THE FEBRUARY 8, 2022 SUBSTANDARD BUILDING BOARD MEETING. MR. DANIEL CAULKINS MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 8, 2022 SUBSTANDARD BUILDING BOARD MEETING. MR. JEFF ARWINE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. C.2 STAFF STATUS REPORT OF SBB ORDERED CASES IN CALENDAR YEAR 2021 Ms. Martinez provided an update on all the Substandard Building cases that the Board ordered in 2021. C.3 SBB 2022-86 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 Substandard Building Board Meeting March 8, 2022 Page 2 of 11 CITY'S ORDINANCES AND ISSUE ORDER TO ABATE AND/OR ISSUE CIVIL PENALTIES. APPROVED Acting Chairman McCary called on Stefanie Martinez, Director of Neighborhood Services, to present the case. Ms. Martinez presented an aerial map and zoning map of the property located at 5600 Newman Drive and 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. • This case was brought before the Board last August of 2021 and the property was confirmed to be in compliance in September of 2021. • January 6, 2022 — A new case initiated, and violation confirmed. Code Compliance Officer Brian Thomas observed trash/debris, trash bags, a scale, vacuum cleaner, bucket(s), several lawn mowers and a dismantled motor scooter in driveway and on side of house. Officer Thomas did not make any contact with the homeowner and/or occupants. Officer Thomas proceeded with issuing a PCA for the ongoing code violation, to property owners' grandson, Houston Griffith. Mr. Griffith admitted to bringing the items to the property and he continues to live at the property as well. Photos were taken. • August 29, 2019 - Officer Simmons inspected the property 7220 Riviera Drive remained in violation. • January 11, 2022 - Officer Thomas observed a large pile of florescent light fixtures and a radiator stacked on side of house. Photos were taken. • January 13, 2022 - Thomas re-inspected the property and observed several lawn mowers, miscellaneous debris, recycling cart full of debris, a tire, a dismantled motorcycle, large pile of florescent light fixtures, a radiator on top of the light fixtures and a full trash cart on collection day after trash was collected on street. Photos were taken. Officer Thomas proceed with PCA delivered to courts. • January 25, 2022 - Officer Horne posted on the front door, the Notice & Order and photos were taken. • January 28, 2022 - Officer Thomas and Horne re-inspected the property with Mr. Houston Griffith present at time of re-inspection. • February 1, 2022 - Officer Thomas observed lawnmowers in the backyard, the cart of trash and debris, a tire in the driveway, a lawnmower in the driveway and a partially dismantled motorcycle with part(s) laying in the driveway, which Mr. Griffith stated would be gone from the property back in January. Also, the Substandard Building Board Meeting March 8, 2022 Page 3 of 11 garbage remained at the curb, although the garbage/recycle collection day had passed. • February 8, 2022 - Lead Code Compliance Officer Rayneice Horne observed a lawn mower, container, motorcycle all in driveway, also there were some items stored on the side of the house. • February 14, 2022 - Notice to Appear was mailed both certified and regular to the property owner and grandson. The Notice to Appear was posted on front door and photos were taken. Mr. Floyd Smith was onsite. Ms. Martinez presented several photos of the property. Photos included: • Photos of both the Notice and Order and Notice to Appear posted at 5600 Newman Drive. • Photo taken of accumulation on the property from 2021 to show a history of the prior case. • Photo taken of accumulation of trash/debris and household items stored in the driveway. Photo taken on January 4, 2022 by Code Officer B. Thomas. • Photo taken of varies accumulation items, bucket(s), several lawn mowers and a dismantled motor scooter stored in the driveway and side of house. Photo taken on January 4, 2022 by Code Officer B. Thomas. • Photo taken of accumulation of several lawn mowers stored in the rear yard. Photo taken on January 28, 2022 by Code Officer B. Thomas. • Photo taken of accumulation of trash/debris and other miscellaneous items removed from the driveway. Also, there were some items stored on the side of the house. Photo taken on February 8, 2022 by Code Officer B. Thomas. • Photo taken of accumulation of lawn mowers, container, a motorcycle all in the driveway. Photo taken on January 28, 2022 by Code Officer B. Thomas. • Photos taken today, March 8, 2022 shows only one tire out on the property which still makes the property to be 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. Acting Chairman McCary opened the public hearing and asked for anyone wishing to speak on the item to come forward. Ms. LaJeana Conrad, stepped forward. She is the daughter of the property owners, Floyd Smith and Milred Smith. Ms. Conrad informed the Board that her son, Houston Griffin, has moved out. He is gone. He only comes over every other weekend with his daughter. The tire has also Substandard Building Board Meeting March 8, 2022 Page 4 of 11 been removed property as of late today. She has a picture showing the tire is gone. They got of rid of the big problem. They had no control when he lived in the house. Now, that he is gone they have control of the house again. Ms. Martinez advised the Board that it is the opinion of staff that the property was in violation of each portion of the NRH Code of Ordinances referenced in this presentation and was a public nuisance. Staff recommends that the Substandard Building Board find that the property was a nuisance and order that: • A civil penalty be assessed against the property for failure to remove the accumulation from the property in accordance with Chapter 98, Sec 98-470 in the amount of $420.00 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 January 25, 2022. Acting Chairman McCary asked Ms. Martinez if the civil penalty is for the grandson to pay. Ms. Martinez replied unfortunately this goes against the property owners and the property itself. When we come to the Substandard Building Board, the property owner is ultimately responsible. Acting Chairman McCary asked how do you get the property owner to pay. Ms. Martinez replied if the fee is not paid within 30 days, then a lien will be placed on the property. Acting Chairman McCary asked the Board if they had any questions or if they needed to discuss. Mr. Caulkins stated that he understood that this whole situation was driven by the grandson. As we, the Board, considers the city's recommendation, I think that should bare some consideration. I think this Board is given some latitude on making a decision as far as how much the fine is. We should have some consideration in light of the circumstances as to a different amount. Mr. Cope stated that he was in line with Mr. Caulkins views on this that there is some degree of consideration that could be given because he understands that it is a very difficult thing to deal with family. He would like to recall that Chairman Crowson did a wonderful job encouraging and advising about the options and helping the homeowner to address this problem in a more timely way then the homeowner did address the problem with regards to getting rid of the occupant that was bringing those materials onto the property. The property owner was well advised that the city would back them up on getting that person removed and doing what was necessary but at the same time he is in line with Mr. Caulkins sympathy. He would like to mitigate the impact so because of the consider is a single family member and because that single family member has now been evicted from the home but could return and bring those problems back. Mr. Cope asked Mr. McMillian and Ms. Martinez, if it is possible to acknowledge the property was in violation, to assess the fine but to suspend payment in absent of a reoccurrence or do we simply have to decline to assess the penalty and assess a penalty if there is a reoccurrence. Ms. Martinez replied that she has never of that but like the line of thinking as it holds their feet to the fire to make sure items don't come back. She's not sure that the Board has the ability under ordinances and the state statue. Ms. Martinez asked for Substandard Building Board Meeting March 8, 2022 Page 5 of 11 a recess so that Mr. McMillian, Assistant City Attorney, can review the ordinances and state statue to determine if this option is allowed. Substandard Building Board hearing took a recess at 6.27 p.m. and resumed at 6.33 p.m. Mr. McMillian informed the Board based on the ordinances and state statue this is not allowed. Acting Chairman McCary closed the public hearing. The Board discussed different civil penalty fee amounts. MR. JOHN COPE MOVED TO ENTER THE FOLLOWING ORDER FOR SBB 2022-86 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 HAVE BEEN IN VIOLATION OF THE SPECIFIC NUISANCE ORDINANCE BY REASON OF CONDITIONS SET FORTH IN THE NOTICES OF THIS HEARING. SUCH NOTICES ARE HEREBY INCORPORATED IN THIS ORDER; AND THE ITEMS AND CONDITIONS IDENTIFIED IN VIOLATION OF CHAPTER 34, SECTION 34-33 BE REMOVED WITHIN 14 DAYS; AND IF THE PROPERTY OWNER FAILS TO COMPLY FULLY WITH THIS ORDER, THE CITY IS AUTHORIZE TO ENTER ON TO THE PROPERTY AND ABATE THE NUISANCE; REMOVE THE DEBRIS WITH COSTS TO BE ASSESSED AGAINST THE PROPERTY OWNER WITHOUT ANY FURTHER NOTICE GIVEN TO THE 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 98-470 IN THE AMOUNT OF $105.00. MR. MICHAEL GIST SECONDED THE MOTION. MOTION TO APPROVE CARRIED 4-1. CA SBB 2022-87 PUBLIC HEARING AND CONSIDERATION WHETHER THE STRUCTURE ON THE PROPERTY LOCATED AT 6332 ONYX DRIVE S, KNOWN AS BLOCK16, LOT 1, OF THE RICHLAND HILLS WEST ADDITION IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS IS SUBSTANDARD WITHIN THE MEANING OF THE CITY'S ORDINANCES AND ORDER REPAIR OR DEMOLITION OF STRUCTURE. APPROVED Acting Chairman McCary called on Stefanie Martinez, Director of Neighborhood Services, to present the case. Ms. Martinez presented an aerial and zoning map of the property located at 6332 Onyx Drive S. Substandard Building Board Meeting March 8, 2022 Page 6 of 11 Ms. Martinez provided the Board with an overview of action taken to date for the structure located at 6332 Onyx Drive S. • March 4, 2021 — case initiated, violation confirmed. Code Compliance Officer Rayneice Horne observed a substandard structure due to a house fire. Horne tried calling the occupant listed on the water account, no answer. A notice of violation was emailed to both email addresses listed on the water account and mailed to the address listed with Tarrant Appraisal District records. Photos were taken. • March 5, 2021 — Code Compliance Officer Matthew Hall posted the notice of violation to front entry and side yard entry gate. Hall observed the property to be vacant and open at the front and rear door entries and an additional four windows were observed broken and open. He also posted a notice of violation at the front entry of the property owners home address in Richland Hills. The fire incident report was received and uploaded to the case file for record. Photos were taken. • March 5, 2021 (continued) — Officer Hall made contact with the property owner, Ibraheem Khader, he said that the home is insured and that a claim has already been submitted. He also said he had hired someone to get the house boarded up and it should be completed by the end of the weekend. • March 29, 2021 — Officer Horne observed the house to be boarded and secured. The property owner has not made any contact with Officer Horne or Officer Matthew since March 5, 2021. Another notice of violation was mailed to the address listed with Tarrant Appraisal District records. Photos were taken. • April 13, 2021 — The property remained in violation, photos taken. Another notice of violation was mailed to the address listed with Tarrant Appraisal District records. • April 29, 2021 — The property remained in violation, photos taken. Another notice of violation was mailed to the address listed with Tarrant Appraisal District records. • May, 17, 2021 — The property remained in violation, photos taken. Another notice of violation was mailed to the address listed with Tarrant Appraisal District records. • May 28, 2021 — The notice of violation was returned back to Neighborhood Services. • June 4, 2021 - Horne sent an email to the property owner, Mr. Khader requesting a call back. The Water Department notes from March 2021 stated the house fire occurred late February 2021 and the property owner was working on the insurance claim. • June 7, 2021 — Officer Horne still has had no contact from the property owner and the property remained in violation. Horne found another property address for the Substandard Building Board Meeting March 8, 2022 Page 7 of 11 property owner and mailed a final notice of violation. Later during the day Horne spoke with Mr. Khader he stated he does not have the money to rebuild the structure, and his plan is to sell two other homes within a year in hopes he could do something about the fire damage structure until then he cannot do anything to the property. • July 24, 2021 — The property remained in violation, photos taken. • August 3, 2021 — The property remained in violation, photos taken. • August 11, 2021 - Horne spoke with Mr. Khader, he stated he will be selling/closing on his moms house this week so he should have some funds available, but he still hasn't found a contractor to remodel the house. • September 21, 2021— The property remained in violation, photos taken. • October 8, 2021 - The property remained in violation, photos taken. • November 1, 2021 - The property remained in violation, photos taken. Due to the property owners lack of ability to comply with the requirements according to the City Code, a PCA was submitted to the court for citation. • December 8, 2021 — The property remained in violation, photos taken. • December 15, 2021 — The property remained in violation, photos taken. Horne had court with Mr. Khader, he stated he was in the process on signing a contract to have the house demolish. He stated the electricity has already been shut off and he has to schedule the plumbing to be capped off. • January 12, 2022 — The property remained in violation, photos taken for court hearing today. Mr. Khader did not appear for court hearing. • January 18, 2022 — Horne observed a non-franchise dumpster in the rear of property along with several trash bags stored in the rear yard all viewable from the street. The property remained in violation, photos taken. Horne spoke with Mr. Khader he states that he is currently cleaning the house out, he was informed that the non-franchise dumpster is in violation and would need to be removed along with the trash bags. He was also informed to submit an action plan with a timeline to Officer Horne. • January 21, 2022 — Horne observed guys on site cleaning out house, the house has been gutted out for the most part. Photos were taken. • February 8, 2022 — The property remains in violation, although the trash/debris has been removed from the property, photos taken for court hearing that is schedule for tomorrow. Horne and the Building Inspector Gary Taylor were schedule to meet Mr. Khader at the property address today, to discuss with him the permit(s) he will need to obtain before he begins any more work to the structure, but he was a no show. Substandard Building Board Meeting March 8, 2022 Page 8 of 11 • February 9, 2022 — Horne attend the court hearing and so did Mr. Khader. He stated the reason why he did not attend the meeting yesterday because he was at school, he also stated he's decided not to demolish the structure but to move forward with a remodel. • February 14, 2022 — Notice of Hearing mailed both certified and regular to the property owner. Ms. Martinez presented several photos of the property. Photos included: • Photo of the Notice and Order posted at the residential property. • Photo Notice of Hearing at the residential property. • Photo taken prior to the property being secured and you can see the fire damage on front of the house. Photo taken March 4, 2021 by Code Officer R. Horne. • Photo taken of the back porch, debris under the porch, and more fire damage on the roof line. Photo taken March 4, 2021 by Code Officer R. Horne. • Photo taken after property was secured and you can still see the fire damage. Photo taken May 17, 2021 by Code Officer R. Horne. • Photo taken of the back of the house. You can see the city posting stating Do Not Occupy, warning people. The property was accessible as the gate was open and you could walk up to the back of the building. Photo taken May 17, 2021 by Code Officer R. Horne. • Photo of the property showing no repairs. There are boards on the windows and fire damage still remains. Photo taken December 8, 2021 by Code Officer R. Horne. • Photo taken of the backside of property. Photo taken December 8, 2021 by Code Officer R. Horne. • Photo taken of the nonfranchise dumpster in the driveway. They were cleaning the property. Photo taken January 18, 2022 by Code Officer R. Horne. • Photos taken of inside the structure as it was being cleaned or cleared out. As of right now, Code doesn't know how much has been done on the inside or how much has been taken down to the studs to remove the fire damage. Photo taken January 21, 2022 by Code Officer R. Horne. • Additional photos taken of the exterior of the house. The debris is removed and the dumpster is removed. Photos taken February 8, 2022 by Code Officer R. Horne. • Photos taken on March 7, 2022 showing fire damage remains and violation still remains with no improvements made to the structure. The property is secured and the gate is closed at this point. Photos taken 10/13/21 by M. Hall Substandard Building Board Meeting March 8, 2022 Page 9 of 11 Ms. Martinez advised the Board that the owner of property was notified of this hearing and doesn't know why they are not present. Ms. Martinez advised the Board that staff recommends that the Substandard Building Board find the single family structure to be substandard by reasons of the conditions set forth in the notices of this hearing and order that: • All required permits be obtained within 15 days; and • All repairs to the structures must be completed within 30 days; or • If the structures are not repaired within 30 days the structures shall be demolished and all debris removed from the property. • If the property owner fails to bring the property into compliance within the allowed timeframe, authorize the City to enter the property and abate the nuisance to include the demolition of the structures and assess the cost of such action against the property without any further notice given to the owner. The costs, together with interest accruing at 10% per annum, will be assessed as a charge against the land and a personal obligation of the Owner. If the City is not promptly reimbursed for its expenses, the City will place a lien on the property for the amount owed plus any accrued interest. Acting Chairman McCary opened the public hearing and asked for anyone wishing to speak on the item to come forward. No one stepped forward. Mr. Gist asked Ms. Martinez it looks like they have begun interior demolition, but that would typical require a building or demolition permit. Ms. Martinez replied that is correct. Mr. Gist responded so they are actually demoing the interior of the property without having a permit in place. Ms. Martinez replied correct. Staff had scheduled an appointment Code Officer Horne and Mr. Taylor, Building Inspector, had scheduled an appointment directly with Mr. Khader based on his availability and he didn't appear for the appointment. The main reason they wanted to enter the property was to see what all had been removed. Also, to make sure no low bearing walls or joist or anything like had been removed but at this point we don't know. It has been secured and we are reluctant to remove those boards unless we absolutely have to. We don't want to open it up to vandalism. This fire did occur prior to the winter freeze last year. It has been sitting in this condition for over a year. Acting Chairman McCary asked the Board if anyone else had any questions. Acting Chairman McCary closed the public hearing. MR. MICHAEL GIST MOVED TO ENTER THE SECOND ORDER FOR $BB 2022-87 DETERMINING THE PROPERTY LOCATED AT 6332 ONYX DRIVE SOUTH KNOWN As LOT 1, BLOCK 16, RICHLAND HILLS WEST IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS IS HEREBY FOUND TO BE SUBSTANDARD AND IN VIOLATION OF THE MINIMUM STANDARDS SET FORTH IN SECTION 98-462 OF THE CODE OF THE CITY OF NORTH RICHLAND HILLS. THE Substandard Building Board Meeting March 8, 2022 Page 10 of 11 BOARD ORDER THAT ANY REQUIRED PERMITS MUST BE OBTAINED WITHIN FIFTEEN (15) DAYS AND ALL REPAIRS TO THE STRUCTURES MUST BE COMPLETED WITHIN THIRTY (30) DAYS TO COMPLY WITH THE STANDARDS SET FORTH IN THE CITY OF NORTH RICHLAND HILLS CODE OF ORDINANCES OR IF THE STRUCTURES ARE NOT REPAIRED WITHIN THIRTY (30) DAYS THE STRUCTURES SHALL BE DEMOLISHED AND ALL DEBRIS REMOVED FROM THE PROPERTY. IF THE OWNER FAILS TO COMPLY FULLY WITH THIS ORDER IN THE TIME PRESCRIBED, THE CITY IS HEREBY AUTHORIZED TO ENTER THE PROPERTY AND ABATE THE NUISANCE TO INCLUDE THE DEMOLITION OF THE STRUCTURES AND ASSESS THE COST OF SUCH ACTION AGAINST THE PROPERTY WITHOUT ANY FURTHER NOTICE GIVEN TO THE OWNER. THE COSTS, TOGETHER WITH INTEREST ACCRUING AT 1 Q%o PER ANNUM,WILL BE ASSESSED AS A CHARGE AGAINST THE LAND AND A PERSONAL OBLIGATION OF THE OWNER. IF THE CITY IS NOT PROMPTLY REIMBURSED FOR ITS EXPENSES, THE CITY WILL PLACE A LIEN ON THE PROPERTY FOR THE AMOUNT OWED PLUS ANY ACCRUED INTEREST. MOTION TO APPROVE CARRIED 5-0. D. ADJOURNMENT Acting Chairman McCary adjourned the meeting at 6.52 p.m. Robert McCary, Acting Chairman ATTEST: Audrey Cappallo, Executive Secretary Substandard Building Board Meeting March 8, 2022 Page 11 of 11 "K NOKTH KICHLAND HILLS SUBSTANDARD BUILDING BOARD MEMORANDUM FROM: Neighborhood Services DATE: June 14, 2022 Department SUBJECT: SBB 2022-88 Public hearing and consideration whether the single family residential structure on the property located at 6636 Brookshire Trail known as Lot 2, Block 6, of the North Park Estates Addition in the City of North Richland Hills, Tarrant County, Texas is substandard within the meaning of the city's ordinances and order repair of the structure. 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 is substandard as described in Chapter 98 of the City of North Richland Hills' Buildings Ordinance. BACKGROUND INFORMATION The property is located at 6636 Brookshire Trail and is zoned R-3 Residential and has a single-family residence structure. The property is located immediately west of Richfield Park south of Chapman Drive in the City. The property is occupied and owned by Jose Ortiz (deceased) and Carmen A Rivera Ortiz who resides in Richland Hills. • September 23, 2021 -case initiated, violation confirmed. Code Compliance Officer Matthew Hall observed a substandard structure. The roof is dilapidated with missing shingles, rotten/broken/missing wood and fascia. He knocked on the front door (there was no answer), left a business card, and mailed notice to the owner as well as her son. Photos were taken. • October 25, 2021 —Hall re-inspected the property, no change observed, no contact from owner or family. A probable cause affidavit (PCA) was issued. Photos were taken. • December 8, 2021— Hall re-inspected the property and no change was observed. • February 16, 2022 — Hall re-inspected the property and no change was observed. • February 17, 2022 — Neighborhood Services staff received an anonymous phone complaint regarding this property being substandard. They stated that the roof is caving in and when it rains and it leaks into the house. • April 26, 2022- Officer Hall did not observe any changes at the property. Hall sent a text message to Jose Ortiz's last known phone number, requesting a call back. "K NOKTH KICHLAND HILLS • April 27, 2022- Officer Hall did not observe any changes at the property, he begin to prepare the case for SBB hearing in June. • April 29, 2022 — Notice and Order was mailed certified and regular mail. • May 6, 2022 —Code Compliance Officer Matthew Hall posted the Notice and Order at the property address. • May 6, 2022 - The property owner's son Jose Ortiz called Officer Hall's city cell phone and stated he is going to seek legal counsel so that he can act/speak on behalf of his mother whom he states is too ill to do so herself. • May 23, 2022- Code Compliance Officer Matthew Hall posted the Notice to Appear at the property address. Minimal work has been accomplished since the inception of the substandard case. Abatement of other violations such as brush removal and repair/clean up to the accessory structure have been accomplished at this property. ANALYSIS t � C u [ j w ~ M � ul 1 i I I X I I Y I Y I _. STAFF RECOMENTATION Staff recommends that the Substandard Building Board find the single-family residential structure at property to be substandard. D222132326 05/23/2022 03:28 PM Page: 1 of 2 Fee: $23.00 Submitter: Audrey Cappallo Electronically Recorded by Tarrant County Clerk in Official Public Records MARY LOUISE NICHOLSON COUNTY CLERK NItH Code Compliance CITY OF NORTH RICHLAND HILLS Notice of Hearing — Substandard Building Board May 23, 2022 Certified/Return Receipt Requested (7016 0600 0000 3436 3700) Jose A Ortiz and Carmen A Rivera Ortiz 6636 Brookshire Trl North Richland Hills, Texas 76182 Re: SBB 2022-88; 6636 Brookshire Trl, legally described as Lot 2, Block 6, of the North Park Estates 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, June 14, 2022, 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 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. Notifications of these violations were sent on September 23, 2021 and April 29, 2022. 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 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. 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 D222132326 Page 2 of 2 ?q1tH 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, 'Stefa# Martinez, Neighborhood Services 43irector Given under my hand and seal of office theq;�.3rdday of May, 2022. Q�AA�� AUDREY CAPPALLO Notary Public i and fod tHe State of Texas :Notary Public,state of Texas v +e Comm. Expires 02-19-2024 I I rL, Notary ID 126417518 My Commission Expires: 4 V 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: June 14, 2022 Department SUBJECT: SBB 2022-89 Public hearing and consideration whether the structure on the property located at 6809 Driffield Circle West known as Lot 16, Block 1, Windsor Park Addition in the City of North Richland Hills, Tarrant County, Texas is substandard or has unlawful accumulation within the meaning of the city's ordinances and order repair or demolition of the structure and/or removal of the 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. Additionally staff will present evidence that the property has an accumulation of trash and debris in violation of Chapter 34 of the City of North Richland Hills' Nuisance Ordinance. BACKGROUND INFORMATION The property is located at 6809 Driffield Circle West and is zoned R- 2, Residential and has a single-family residence structure. The property is located between Rufe Snow Drive and Richfield Park on the north side of Chapman Drive near the city's boarder with Watauga. The property is vacant and owned by Deneen Woods also known as Deneen Ryan, who is a resident of Bedford. • November 12, 2020 — case initiated, violations for accumulation/outside storage and substandard confirmed. Code Compliance Officer Matthew Hall observed the substandard structure. He stopped and knocked but did not receive an answer. Officer Hall left his business card at front doorbell. In a prior case, owner stated to Hall that the home is mold infested and is not habitable until remediated. He mailed a notice of violation to the owner and photos were taken. • January 20, 2021 —Violations remain; Officer Hall has had prior communication with owner. The owner did not permit entry onto property at request. The house has been vacant for over two years and does not appear to be maintained. • June 16, 2021 — Officer Hall observed a fence violation, the fence gate was observed down on the ground today, accumulation of trash/debris, litter, broken items and other miscellaneous items stored throughout the property. Rear yard has high grass and weeds again, also noted the substandard violation still remains "K NOKTH KICHLAND HILLS present. Officer Hall had court with Ms. Ryan on this date as well; an initial $200 fine was assessed and the owner was instructed to get the yard mowed and cleaned up within 10 days. • June 17, 2021—Code Compliance Officer Matthew Hall posted a notice of violation on the front door. Photos were taken. • June 23, 2021 — The violations remain with the exception of the high grass/weeds that is now in compliance. Hall processed the probable cause affidavit (PCA) to the property owner for the existing code violations that are still not in compliance. • July 1, 2021 — Officer Hall received a call from Ms. Ryan, she stated that she has not been able to get the yard cleaned up yet due to her work schedule. She requested a few more weeks to get everything done. • November 16, 2021—All violations remain, no compliance. Photos were taken. • December 2, 2021 —All violations remain, no compliance. Photos were taken. • March 24, 2022 -All violations remain, no compliance. Photos were taken. • April 26, 2022 - All violations remain, no compliance. Photos were taken. • April 29, 2022 - Notice and Order was mailed certified and regular mail to the property owner. • May 6, 2022 — Officer Hall posted the Notice and Order on the front door. • May 23, 2022 — Officer Hall posted the SBB Hearing Notice on the front door and mailed certified and regular mail to the property owner. Minimal work has been accomplished in 18 months since the inception of these cases. Further, the minimal action taken did not begin until Officer Hall issued a citation to the owner and the threat of a court fine was upon the owner. "K NOKTH KICHLAND HILLS ANALYSIS Lj I rr ... .. ....... ... ............... p � f ij - ,.R�.. __ a � a �.. .. �p _4_� li 4_.� --- C...� II 1io STAFF RECOMENTATION Staff recommends that the Substandard Building Board find the structures at the property to be substandard. Staff further recommends that the Substandard Building Board find the property in violation of the nuisance ordinance. D222132329 05/23/2022 03:30 PM Page: 1 of 2 Fee: $23.00 Submitter: Audrey Cappallo Electronically Recorded by Tarrant County Clerk in Official Public Records MARY LOUISE NICHOLSON COUNTY CLERK NlkH Code Compliance CITY OF NORTH RICHLAND HILLS Notice of Hearing — Substandard Building Board May 23, 2022 Certified/Return Receipt Requested (7016 0600 0000 3436 3717) Deneen Woods 6809 Driffield Cir W North Richland Hills, Texas 76182 Re: SBB 2022-89; 6809 Driffield Cir W, legally described as Lot 16, Block 1, of the Windsor Park 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, June 14, 2022, 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 residential building, accessory building, and accumulation in accordance with the city's substandard building regulations, North Richland Hills Code of Ordinances, Chapter 98 and Chapter 34. Violations of city standards present at the buildings are as follows: 1. Exterior of structures have accumulation of trash and debris. 2. The fence on the property must be repaired, removed or replaced. 3. 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 November 12, 2020, June 16, 2021 , September 23, 2021 and April 29, 2022. 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. 4301 City Point Drive • North Richland Hills,Texas • 76180 Phone 817-427-6663 • Fax 817-427-6667 D222132329 Page 2 of 2 fqlkH Code Compliance CITY OF NORTH RICHLAND HILLS 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 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, Stef ie Martinez, Neighborhood Sery es Director Given under my hand and seal of office thea3�/day of May, 2022. ti PY P "yP AUDREY CAPPALLO adl B�i �Z: cNotary Public. State of Texas Notary PubliO in and r the State of Texas v +Qc Comm. Expires 02-19-2024 Notary ID 126417518°;, My Commission Expires: cc: Deneen Woods 2928 Woodbridge Dr. Bedford, TX 76021 Cert. # 7016 0600 0000 3436 3724 Wilmington Savings Fund Society, FSB, not in its individual capacity Trustee for Citigroup Mortgage Loan Trust 2017-RP2 500 Delaware Avenue, 11th Floor Wilmington DE 19801 Cert. # 7016 0600 0000 3436 3731 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: June 14, 2022 Department SUBJECT: SBB 2022-90 Public hearing and consideration whether the structure on the property located at 7625 Shadow Wood Drive known as Lot 7, Block 14, Fair Oaks Estates Addition in the City of North Richland Hills, Tarrant County, Texas has an unlawful accumulation within the meaning of the city's ordinances and order removal of the accumulation. PRESENTER: Stefanie Martinez, Director of Neighborhood Services SUMMARY Neighborhood Services will present evidence to the Board for consideration as to whether the property has an accumulation of trash and debris in violation of Chapter 34 of the City of North Richland Hills' Nuisance Ordinance. BACKGROUND INFORMATION The property is located at 7625 Shadow Wood Drive and is zoned R- 2, Residential and has a single-family residence structure. The property is located just west of Smithfield Road between N. Tarrant and Bursey Road near the city's boarder with Keller. The property is occupied and owned by Frank and Michelle Macaluso, who reside in the structure. • August 20, 2020 - case initiated, violation confirmed. Code Compliance Officer Matthew Hall observed a large amount of delivery boxes on the front porch area of the home. A large stack of boxes blocking egress to the front door could also be seen through the glass on the front door. Hall contacted Police Officer Cranford who stated he conducted a welfare check the previous day. He stated that the owners, Frank and Michelle are elderly, in poor health, and living in poor conditions. He stated the inside of the garage has a large number of boxes and that Frank is immobile. He said that Michelle said she was the person purchasing items from Amazon. Officer Hall took photos and issued a notice of violation. • August 26, 2020 — The code violation still existed, photos were taken. • September 25, 2020 — The code violation was abated, a photo was taken and the case was closed. • December 15, 2020 - Officer Hall took photos at the property address as the previous violation had reoccurred and various boxes were stored on the front porch. He also spoke to Michelle, and informed her that the accumulation of boxes "K NOKTH KICHLAND HILLS on the front porch needed to stop. He let her know that not only is it a Code issue, it is a crime and safety issue as well. People in the area, both the police and Code Compliance are concerned. He also told Michelle that there needs to be a game plan going forward on deciding where the deliveries are going to be placed if they cannot keep up with them. • December 22, 2020 - Officer Hall made contact with one of Frank's (the property owner) daughters. He explained to her the current situation and she was concerned. One of the daughters said that Frank had been talking to her about Michelle's hoarding. He told her the entire house is filled with boxes and that you can barely move around in the house. North Richland Hills Police Officer C. Morgan informed Officer Hall that the daughters would to try and come to Texas from Colorado and intervene in the situation. • January 20, 2021 - The property remained in violation, photos taken for court hearing. • February 9, 2021 - Officer Hall observed some progress. Boxes were on front porch but not as many as previously seen. Will continue to monitor property. • March 18, 2021 - Officer Hall observed large piles of cardboard boxes, many of which were not emptied of their sealed contents, stored on the front porch, driveway, and rear yard area near the garage which was viewed from the front portion of the driveway. Additionally, he observed unemptied plastic bags of wood mulch and miscellaneous litter and debris. Owners had been notified in August 2020 and all means of trying to gain voluntary compliance have been exhausted. A Probable Cause Affidavit will be issued for the continued allowance of accumulation on the property. • March 19, 2021 — Officer Hall submitted PCAs for both property owners. • April 23, 2021 —The property remained in violation, photos taken for court hearing. • April 28, 2021 - Virtual court hearing occurred, Michelle Macaluso was issued a preliminary fine with a 90 day probationary period. She was instructed by the prosecutor to set up appointment with Code 14 days after hearing. Michelle was instructed that the property must be in compliance by the date of May 12, 2021. • May 22, 2021- Officer Matthew Hall observed a roll off dumpster from Republic on site being used for trash. There are still items left outside but improvement is being made, not abated as of yet. • June 9, 2021 — Officer Hall observed improvement but items remained in the driveway and side of house. Mrs. Macaluso was given a 7-day extension for 100% compliance in court on this date. • June 16, 2021 — Judge Bass gave property owner 7 more days to complete the abatement. • June 23, 2021 — The property was in compliance. "K NOKTH KICHLAND HILLS • March 28, 2022 — Officer Matthew Hall initiated case; previously abated violation had reoccurred for the 3rd time in less than 18 months. Photos were taken. • March 29, 2022 — Officer Hall called and spoke to the homeowner, Michelle Macaluso, and discussed current conditions at the property. • April 7, 2022 — Officer Hall was granted permission by property owner, Michelle Macaluso, to enter the rear yard. The City contractor was present to pump the stagnant water out of the pool. Hall also observed several boxes, household items, window unit type air conditioners, trash/debris, litter and all other miscellaneous items stored in the rear yard. • April 29, 2022 - Notice and Order was mailed certified and regular mail to the property owner for the accumulation of boxes and other debris identified on April 7th. • May 6, 2022 — Officer Hall posted the Notice and Order on the front door. • May 15, 2022 — Director Martinez spoke with Mrs. Macaluso via telephone. Mrs. Macaluso requested 30 more days to comply with the notice and order she had received via personal delivery from her neighbors. She explained that she cannot get to her front door in time when the postman tries to deliver items. She explained that her neighbors retrieve her mail from her mailbox and take it inside to them. She also said those neighbors would be helping her and her husband clean the property once a battery is replaced in the vehicle in the driveway. They will move the vehicle and place a large roll-off dumpster for the debris. Director Martinez explained that she was not comfortable with allowing 30 extra days as this has been an ongoing issue for over a year. Director Martinez also encouraged Mrs. Macaluso to get the vehicle running, get a roll-off dumpster and start cleaning so that when the hearing is held they can show some progress with the abatement. • May 23, 2022 — Officer Hall posted the SBB Hearing Notice on the front door and mailed certified and regular mail to the property owner. Since the inception of the case minimal work has been accomplished to resolve the violation. Only after the notice of hearing was issued did the property owner contact Director Martinez. Previous court procedures were not enough to ensure that the violation did not reoccur. Action has now begun to clean the boxes and accumulation from the exterior of the property. "K NOKTH KICHLAND HILLS ANALYSIS 1 k .......... No , . y M a STAFF RECOMENTATION Staff recommends that the Substandard Building Board find the property has an unlawful accumulation and order removal of the accumulation. D222132338 05/23/2022 03:31 PM Page: 1 of 1 Fee: $19.00 Submitter: Audrey Cappallo jq ro Ily orded by Tarrant County Clerk in Official Public Records �,� Neighborhood 3CrV1CCS COUNTyC ERKICHOLSON CITY OF NORTH RICHLAND HILLS Notice to Appear— Substandard Building Board May 23, 2022 Certified/Return Receipt Requested (7016 0600 0000 3436 3748) Frank Macaluso and Michelle Reeves Macaluso 7625 Shadow Wood Drive North Richland Hills, Texas 76182 Re: SBB 2022-90; 7625 Shadow Wood Drive, legally described as Lot 7, Block 14 of the Fair Oaks Estates 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 June 14, 2022. 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 'Martinez, Neighborhood Services Di ctor Given under my hand and seal of officeZY`tay of May, 2022. AUDREY CAPPALLO Notary Public, State of Texas &:�� C Comm. Expires 02-19-2024 �9r •• +, Notary Public in and for the ',;late of Texas 1110o�� Notary ID 126417518 My Commission Expires: cc: USAA Federal Savings Bank 10750 McDermott Freeway San Antonio TX 78288 Cert. #7016 0600 0000 3436 3755 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: June 14, 2022 Department SUBJECT: SBB 2022-91 Public hearing and consideration whether the structure on the property located at 4300 Booth Calloway Road known as William W. Wallace Survey, Abstract 1606, Tract 1OA04A in the City of North Richland Hills, Tarrant County, Texas is substandard or has unlawful accumulation within the meaning of the city's ordinances and order repair or demolition of the structure and/or removal of the 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. Additionally, staff will present evidence that the property has an accumulation of trash and debris in violation of Chapter 34 of the City of North Richland Hills' Nuisance Ordinance. BACKGROUND INFORMATION The property is located at 4300 Booth Calloway Drive and is zoned R- 2, Residential and has a single-family residence structure and two accessory structures. The property is located between east of City Hall and Medical City Hospital. The property is vacant and owned by Elhadi Karyem, Su Ching Karyem, Ho Yan Wong and Suo Wong. • January 7, 2021 case initiated, violations for accumulation/outside storage confirmed. Code Compliance Officer Candice Simmons took photos and mailed notice of violation. • January 8, 2021 - Officer Simmons posted notice of violation on the front door and took more photos. • January 25, 2021- the property remains in violation, although some improvement was made. Photos taken. • February 22, 2021 — Simmons observed some progress in the backyard noting some items have been removed. Photos taken. • March 9, 2021 — Simmons left a door hanger on the front door informing the occupant(s) to continue to remove the accumulation/outside storage of various items from the property. "K NOKTH KICHLAND HILLS • March 24, 2021 - Simmons observed that some of the accumulation on the front porch has been cleaned up but televisions remain in the front yard. • April 19, 2021— Simmons observed a pile of used fence panels in the front yard. Photos were taken. • May 3, 2021- the property is still in violation, photos were taken. • May 19, 2021 — Simmons observed a pile of fence panels in the front of the property. Photo taken. • June 1, 2021—Simmons observed a pile of fence panels in the front of the property. Photo taken. • July 6, 2021 - Simmons could not see anything in the backyard due to a privacy fence that was put up around the back driveway. She did see improvement at the front of the house, photo taken. • July 9, 2021 — Simmons was allowed entry to the rear yard where she observed more accumulation/outside storage of auto parts, metal file cabinets, tires and miscellaneous items. Photos were taken. • November 9, 2021- the property is still in violation, photos were taken. • January 19, 2022 — Simmons submitted a PCA to municipal court. • February 9, 2022— Simmons was informed that the occupant was in jail. • March 9, 2022 - Simmons was informed that the occupant remains in jail. • May 13, 2022 — Simmons entered the property per Search Warrant w/ NRH Police Dept. No occupants present at time of inspection. Simmons was accompanied by Code Officers Horne, Hall and Thomas. Hall documented multiple violations of NRH Code to include a large amount of accumulation of auto parts, tools, extension cords, household items, discarded building materials, misc. trash, litter, and debris located in the rear yard of the property. Property is currently vacant and the property owner currently lives out of the country. Horne observed the home, the detached garage and shed were all substandard condition. Several photos were taken of all the existing code violations. • May 18, 2022 — Officer Rayneice Horne posted the Notice & Order on front door. • May 23, 2022 - Officer Hall posted the Notice to Appear on the front door and mailed certified and regular mail to the property owner. Photo taken. • May 31, 2022 — Director Martinez received an email from the property owner explaining that he has been working out of the country but cleaned the property last year only to have the son create a violation again. He also stated he would be moving back in 2 weeks. "K NOKTH KICHLAND HILLS While the previous violations were remedied by the property owner in the past, the violations return and are more egregious than the past. No action has been taken by the absentee property owner even after court hearings. Only recently, after the notice and order and notice of hearing documents were mailed and posted did the property owner communicate with staff via email. It is the threat of penalties and potential demolition that has initiated communications from the property owner to staff. ANALYSIS n s"�1�re�rA�604111"a . ,� ..................... r � I M. f log a. f f M mmw. ............... ,,„„„„„„„, .I STAFF RECOMENTATION Staff recommends that the Substandard Building Board find the structures at the property to be substandard. Staff further recommends that the Substandard Building Board find the property in violation of the nuisance ordinance. D222132354 05/23/2022 03:34 PM Page: 1 of 2 Fee: $23.00 Submitter: Audrey Cappallo Electronically Recorded by Tarrant County Clerk in Official Public Records MARY LOUISE NICHOLSON COUNTY CLERK NItH Code Compliance CITY OF NORTH RICHLAND HILLS Notice of Hearing — Substandard Building Board May 23, 2022 Certified/Return Receipt Requested (7016 0600 0000 3436 3649) Elhadi Miloud Kareem 4300 Booth Calloway Road North Richland Hills, Texas 76180 Re: SBB 2022-91; 4300 Booth Calloway Road, legally described as Tract 10A04A, of the William W. Wallace Survey, Abstract 1606 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, June 14, 2022, 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 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. Notification of these violations were sent on May 18, 2022. 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 Cite Point Drive • North Richland Hills,Texas • 76180 Phone 817-427-6663 • Fax 817-427-6667 D222132354 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, tefa ie Martinez, Neighborhood SerAces Director Given under my hand and seal of office the 23—rdday of May, 2022. f �tippYP�� AUDREY CAPPALLO Notary Public,State of Texas Notary Public id and f r the State of Texas ��9rFof ;` Comm. Expires 02-19-2024 Notary ID 126417518 My Commission Expires: 11cl cc: Su Ching Krayem (owner) 4300 Booth Calloway Road North Richland Hills, Texas 76180 Cert.# 7016 0600 0000 3436 3656 Ho Yan Wong (owner) 4300 Booth Calloway Road North Richland Hills, Texas 76180 Cert.# 7016 0600 0000 3436 3663 Suo Wong (owner) 4300 Booth Calloway Road North Richland Hills, Texas 76180 Cert.# 7016 0600 0000 3436 3670 Murray Mortgage Corporation (Lienholder/Mortgagee) 2901 Brown Trail at Harwood Bedford, Texas 76021 Cert.#7016 0600 0000 3436 3687 PSD Enterprises, Inc. d/b/a The Option Company (Lienholder/Mechanic's Lien) 1325 Whitlock Lane, Suite 312 Carrollton, Texas 75006-3177 Cert.# 7016 0600 0000 3436 3694 4301 City Point Drive • North Richland Hills,Texas • 76180 Phone 817-427-6663 • Fax 817-427-6667