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HomeMy WebLinkAboutSBB 2022-03-08 MinutesMINUTES 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 8th day of March 2022 at 6:00 p.m. in the Council Workroom. Present: Daniel Caulkins John Cope Michael Gist Jeff Arwine Robert McCary Absent: Bill Wait Brian Crowson Staff Members: Stefanie Martinez Thomas McMillian Audrey Cappallo Rayneice Horne Brian Thomas A. CALL TO ORDER Place 1 Place 3 Place 4 Place 5 Place 7 Place 2 Place 6, Chairman Director of Neighborhood Services Assistant City Attorney Executive Secretary Code Compliance Officer Code Compliance Officer 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 BuildingBoard 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 SBB 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 9$-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 10% PER ANNUM, WILL BE' ASSESSED AS A CHARGE AGAINST THE LAND AND A PERSONAL OBLIGATION OF THE OWNER. f!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. Bri n Crowson, Chairman ATTEST: Audrey Capp Ilo, E e utive Secretary Substandard Building Board Meeting March 8, 2022 Page 11 of 11