HomeMy WebLinkAboutSBB 2022-09-13 Agendas k4Ft,
D HILLS
CITY OF NORTH RICHLAND HILLS
SUBSTANDARD BUILDING BOARD AGENDA
4301 CITY POINT DRIVE
NORTH RICHLAND HILLS, TX 76180
TUESDAY, SEPTEMBER 13, 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 Board during
public comments, a Public Meeting Appearance Card must be completed and
presented to the recording secretary prior to the start of the Board meeting.
C. ACTION ITEMS
C.1 Approval of Minutes of the June 14 2022 Substandard Building Boar
meeting.
C.2 SBB 2022-88 Public hearing and consideration whether the 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 ills,
Tarrant County, Texas is substandard within the meaning of the city's
ordinances and order repair of the structure.
C.3 SBB 2022-89 Public hearing and consideration whether the structure on
the property located at 6809 Driffield Circle West known as Lot 16,
lock 1_, Windsor Park Addition in the City of North Richland ills,
Tarrant County, Texas is substandard within the meaning of the city's
ordinances and order repair or demolition of the structure.
Tuesday, September 13, 2022 Substandard Building Board Agenda
Page 1 of 2
CA SBB 2022-92 Public hearing and consideration whether the structures
and the property located at 7408 Bursev Road known as Bloc
11, of the Oak Ridge states in the City of North Richland Kills, Tarrant
County, Texas are substandard within the meaning of the city's
ordinances and order repair or demolition of the structures.
C.5 SBB 2022-93 Public hearing and consideration whether the structures
anq_the�ropertv located at 8851 Boulevard 26 also known as 3735,
8859 & 8867 Boulevard 26, legally described as being a portion of Lot
3R1 and all of Lot 4R Block 2 Walker Branch Addition in the City o
North Richland _Klls Tarrant County, Texas are substandard within the
meaninq of the citv's ordinances and order repair or demolition of the
structures.
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
Substandard Building Board was posted at City Hall, City of North Richland
Hills, Texas in compliance with Chapter 551, Texas Government Code on
Friday, September 9, 2022 by 5:00 PM.
Audrey Cappallo
Customer Service Assistant
Tuesday, September 13, 2022 Substandard Building Board Agenda
Page 2 of 2
MEL
" H
'IM ffl%th,
O&TH KICMHLAND HILLS
SUBSTANDARD BUILDING BOARD MEMORANDUM
FROM: The Neighborhood Services DATE: September 13, 2022
Department
SUBJECT: Approve minutes of the June 14, 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 June 14, 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
J U N E 14, 2022
The Substandard Building Board of the City of North Richland Hills, Texas met on the
14t" day of June 2022 at 6.00 p.m. in the Council Workroom.
Present: Daniel Caulkins Place 1
Bill Wait Place 2
Michael Gist Place 4
Jeff Arwine Place 5
Brian Crowson Place 6, Chairman
Absent: John Cope Place 3
Robert McCary Place 7
Staff Members: Stefanie Martinez Director of Neighborhood Services
Thomas McMillian Assistant City Attorney
Audrey Cappallo Executive Secretary
Candice Simmons Code Compliance Officer
Matthew Hall Code Compliance Officer
A. CALL TO ORDER
Chairman Crowson called the meeting to order at 6.04 p.m.
Before proceeding forward, Chairman Crowson sworn in Stefanie Martinez, Candice
Simmons, Matthew Hall, Austin Campbell, Deneen Ryan, Darren Woods, Brian
McGrath, and Elhadi M Kareem.
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 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 MARCH 8, 2022 SUBSTANDARD
BUILDING BOARD MEETING.
Substandard Building Board Meeting
June 14, 2022
Page 1 of 19
MR. BILL WAIT MOVED TO APPROVE THE MINUTES OF THE MARCH 8, 2022, SUBSTANDARD
BUILDING BOARD MEETING. MR. DANIEL CAULKINS SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 5-0.
C.2 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.
CONTINUED
Ms. Martinez informed that she would like to ask that the property owner and his
attorney speak first as she believes that they have something they want to request to
the Board before she begins her presentation.
The property owner's attorney, Mr. Austin Campbell stepped forward and stated he was
retained by Mr. Jose Ortiz, who is here this evening. Mr. Ortiz is the son of the current
owner, Carmen Ortiz. The first thing he asked from Mr. Ortiz was to bring was the deed
of the property and the deed is in Jose Ortiz and Carmen Ortiz names. The problem
with that Jose Ortiz, is his father, and they have the exact same name. He has been
deceased since 1993. We had called the city and asked for this meeting be continued to
give us a chance to take steps to remedy the problem, because there's no denying
based on the pictures that work needs to be done on this house. The first thing that we
need to do is get the house into Mr. Ortiz name so he can secure the credit to make the
repairs. Just before they came in this evening, Mr. Ortiz was able to provide a copy of
his father's death certificate, who passed away in 1993 in Puerto Rico, even though he
was a resident here. Now that he has that in his possession, he intends to file an action
probate court to settle the estate by putting the property solely in his mother's name so
that she can transfer the property to him. This is our plan of action. We ask the Board to
defer any action on this residence so we can get this done. Our intent is do this as
quickly as possible. He has already asked Mr. Ortiz to get estimates on the roof repairs
and anything else that needs to be repaired. Mr. Ortiz told him that Tarrant Roofing has
already been out to the property. The first step we must do is to get the property it in his
name so we can get the financing. Mr. Campbell told the Board that his first meeting
with Mr. Ortiz he was informed that the property had no insurance so that was taken
care on this first meeting. We are moving in the right direction. We ask the Board for
tolerance to allow them a chance to fix these deficiencies.
Chairman Crowson asked the Board if they had any questions.
THE BOARD GRANTED A 60 DAYS CONTINUATION.
Substandard Building Board Meeting
June 14, 2022
Page 2 of 19
C.3 SBB 2022-89 PUBLIC HEARING AND CONSIDERATION WHETHER THE
STRUCTURE ON THE PROPERTY LOCATED AT 6809 DRIFFIELD CIRCLE WEST
KNOWN AS BLOCK 16, LOT 1, WINDSOR PARK ADDITION IN THE CITY OF
NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS ARE 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.
CONTINUED
Chairman Crowson called on Stefanie Martinez, Director of Neighborhood Services, to
present the case.
Ms. Martinez presented an area map and zoning map of the property located at 6809
Driffield Circle West. The property is zoned R-T-6 which is similar to a townhome type
zoning but it is a single family residential.
Ms. Martinez provided the Board with an overview of action taken to date for the
structure located at 6809 Driffield Circle West.
• 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 knock no answer, left 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 — both violations still exist of accumulation and substandard
structure, Officer Hall has had prior communication with owner, she 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 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 still existed with the exception of the high
grass/weeds that is now in compliance. Hall processed 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.
Substandard Building Board Meeting
June 14, 2022
Page 3 of 19
• November 16, 2021— All violations still remain, no compliance. Photos were
taken.
• December 2, 2021 —All violations still remain, no compliance. Photos were taken.
• March 24, 2022 - All violations still remain, no compliance. Photos were taken.
• April 26, 2022 - All violations still remain, no compliance. Photos were taken.
• April 29, 2022 - Notice and Order 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.
Ms. Martinez presented several photos of the property. Photos included:
• Photos of both the Notice and Order and Notice of Hearing posted at 6809
Driffield Circle W.
• Photo taken of accumulation on the ground on the exterior of the property. Photo
taken on January 20, 2021 by Code Officer M. Hall.
• Photo taken of the side yard back showing accumulation of litter, trash/debris,
wood, and several miscellaneous items stored on the property. Photo taken on
June 16, 2021 by Code Officer M. Hall.
• Photo taken of the side yard back showing accumulation of litter, trash/debris,
buckets, wood and several miscellaneous items stored on the property.
Damaged/missing horizontal siding on the structure. Photo taken on June 23,
2021 by Code Officer M. Hall.
• Photo taken of the accumulation of litter, broken items, trash/debris and other
miscellaneous items stored in the rear yard. Fence remains in disrepair. Photo
taken on March 24, 2022 by Code Officer M. Hall.
• Photo taken of the accumulation of miscellaneous items stored on side of the
house. Photo taken on April 26, 2022 by Code Officer M. Hall.
• Photo taken of damaged fence, missing pickets. Photos taken on November 16,
2021 and December 2, 2021 by Code Officer M. Hall.
• Photo taken of the conditions of the structure. The wood is starting to deteriorate,
and a lot of vegetation grow up along the house. Photo taken on April 26, 2022 by
Code Officer M. Hall.
• Photos taken yesterday, June 13, 2022, shows there is furniture in front of the
house, high grass, there is vegetation on the side not mowed. The back yard still
showing some accumulation. The side yard showing the trash carts out. Photos
taken by Code Officer M. Hall.
Substandard Building Board Meeting
June 14, 2022
Page 4 of 19
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 substandard and order that:
• All required permits be obtained within 15 days of the board order; and
• The building be repaired within 30 days of the board order; or if the structure is
not repaired within 30 days, the structure shall be demolished and all debris
removed from the property.
• If the owner fails to repair the structure as ordered above within allotted
timeframe the Iienholder shall have the 30 days to do the same. If the property
owner or the Iienholder 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 structure 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.
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
property to be a nuisance and order that:
• The items and conditions identified in violation of Chapter 34, Section 34-33 be
removed within 30 days.
• If the owner fails to comply and complete the removal or clean-up of the property
as ordered above within the allotted timeframe the Iienholder shall have the 30
days to do the same. If the property owner or the Iienholder 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 cleaning and removal of all
accumulation and debris at the property and assess the cost of such action
against the property without any further notice given. 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 $460.00 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 mailed to the property owner on April 29, 2022.
Chairman Crowson asked Ms. Martinez if the house is currently occupied. Ms. Martinez
replied no it is not.
Chairman asked Ms. Martinez is the permit for the fence. Ms. Martinez replied it would
be for the fence and structural items so if the wood on the outside of the building needed
to be replaced. Chairman Crowson asked if it would be two separate permits. Ms.
Substandard Building Board Meeting
June 14, 2022
Page 5 of 19
Martinez replied yes, it would be two separate permits but that is only for the exterior of
the structure. We have yet been able to make it into the interior of the property. We
haven't been granted permission to do that but due to the concern of mold, that the
property owner addressed with the code officer months ago. We were not comfortable
with entering the building. Chairman Crowson asked if the city obtained warrant. Ms.
Martinez responded the city can obtain a warrant but we haven't because of the mold.
Staff is not equipped to go into a building that may have mold.
Chairman Crowson asked the Board if they 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.
Ms. Deneen Ryan, the property owner, stepped forward.
Ms. Ryan stated she wanted to apologize to the Board as she didn't want this to happen
but she had gotten ill. Since her son, Darren Woods, has been here they have gotten
the whole inside of the house cleaned out. They didn't want to take the trash out as
today was garage day. That's why in the pictures you see some trash back there.
Everything in the house is out. There are things in the garage which are going to be
given to Second Glance and they are picking up those items on Saturday. And she also
had tract forms because the house is being sold. She has two contracts that are
acceptable to her and to the lienholder. It took them two weeks to clean out the house.
They inspected the house and there was no mold. She got sick and thought it was. This
is why she left the property. She couldn't go back to the property without someone being
with her. Her son finally arrived.
Chairman Crowson asked so are you saying you have a contact on the house. Ms. Ryan
replied she has someone wanting to buy the house. The house is in foreclosure right
now. Because the house is in foreclosure it allows investors to contact her and to sell it
quickly. The date for the auction is July 5, 2022. Structurally the house is fine, of course
it needs work on the inside and out. All the investors that have seen the house are
ready to put money in to fix it up and it should be fixed within 30 days. Everything is out
of the house. Everything in the backyard has been moved and been put out for trash.
They have taken a weedwhacker to the front yard and backyard. The house looks
different today compared to the pictures shown. It's progressively getting up to code on
the outside and then also the inside there is no black mold. The people that would be
purchasing the house would have seen the information. We finally got everything out
and we go the carpet out.
Chairman Crowson asked Ms. Martinez what we need to do with a potential pending
sale, do we need to notify the potential buyers that they have a deadline. Ms. Martinez
replied well, in theory they are purchasing the structure with notice because all these
notices that we send to the owner are also filed in the Tarrant County deed records, so
they would be clouding the title. This is news to her. She hasn't had any requests from
any title companies asking for releases of either liens or the order or the notice to come
to this hearing today, so we weren't aware of a potential sale. As far as a foreclosure,
she doesn't know if that's through the bank or through Tarrant County. Ms. Ryan
responded that it's through the bank. Ms. Martinez replied ok.
Substandard Building Board Meeting
June 14, 2022
Page 6 of 19
Ms. Martinez stated also stated that we weren't notified of a foreclosure at all, but there
is a lienholder here that we did mail a notice to per our title search. She doesn't know
how soon they could close on this, considering none of those documents have been
released at this point. There hasn't been a request for those releases either.
Mr. McGrath stepped forward. He is the agent for the lienholder for 6809 Driffield Circle
W. Mr. McGrath stated he believes they need a continuance. Based on the pictures, he
is not seeing that the property is substandard from what he has seen of other properties
in other cities. Chairman Crowson replied it is substandard but not as bad as others. Mr.
McGrath stated it sounds like they are remediating it, but he doesn't what their
foreclosure plan it yet. He looked over the file and couldn't determine much. He doesn't
know if the sale price will cover the sell. He stated she has been in contact with the
lender. He did see a note in the file that Lender stated Ms. Ryan is selling the property.
Ms. McGrath asked if the Board could give them 60 days and see where they stand at
that point, move forward with the substandard 15 days, and then start with that clock. If
the Board could give them some time to start the clock. He 60 days this will be remedy
or we will know where it stands and how long it will take to get it where it needs to go.
Chairman Crowson asked if a foreclosure can go that quick. Mr. McGrath replied he isn't
concerned as much about the foreclosure. The sell will buyoff the lien and it will get
closed. If the sell doesn't cure the lien, then we will foreclose, and his client will own the
problems. He doesn't know what their plan will be as they problem don't know about this
yet. In 60 days, he would have more information for the Board, for sure. That will also
give Ms. Ryan a chance to everything going and moving. He doesn't see anything that is
so dangerously or something that is going to be a big any problem in the next 60 days
for the community, so he doesn't see a problem with getting a continuance.
Ms. Ryan said she has gotten two offers for $220,000 and is just looking them over and
making sure it's not a scam as she is doing everything herself. She isn't using a real
estate agency. There are no liens on the title, and it should be done by next week.
Mr. Darren Woods, son of the property owner, stepped forward. He stated they have
been doing a lot of work at the house. We have remedied all the external nuisances.
There is no danger. Chairman Crowson asked if they would allow the city to go in and
inspect. Mr. Woods replied yes. We have allowed all the potential buyers to come in
and shown them the house. The only reason they have locked up the outside is to keep
vandalism from happening on the inside. Chairman Crowson asked so the property has
been vacant. Mr. Woods replied yes it has been vacant. He would also like to ask that
the Board consider giving them a 60 day continuances so that we can make sure
everything goes smoothly with the sale before he leaves.
Mr. Wait asked Mr. Woods if the house has been inspected for mold. Mr. Woods
responded no. My mother has COPD, and she was having breathing trouble. He
believes it was caused by the carpet in the house. He tore out all the carpet in the house
and she now has no problems breathing in that house. The house will be sold as is.
Mr. Caulkins asked if Ms. Martinez had any recommendations based upon what we've
heard. Ms. Martinez replied she would be reluctant to go the 60 days. She understands
though it may not close as quickly as they'd like. Again, the reason we were bringing this
is substandard with the demolition option was because we were informed there was
mold inside and typically that's difficult to remedy without going all the way to the stud.
Substandard Building Board Meeting
June 14, 2022
Page 7 of 19
She is also reluctant because it took coming to this meeting before we had any action
taken on this structure. So, if the board is comfortable 60 days, we would accept that but
would ask for a smaller timeframe on the debris and the high grass and weeds, Chapter
34 for nuisances. She knows they said they cleaned it, which we did go out today and
our officer did confirm it was cleaned today but these were yesterday pictures. Again,
they waited until the 11th hour this was not taken care of. I would ask that it would still
be given in an order to move forward with any accumulation or high grass, if that were to
reoccur before those 60 days to repair the structure. Mr. Caulkins stated he was thinking
of maybe revisiting this at the next board meeting, in 30 days and that way we, the
Board, could see the progress on the sale and really assess how things are progressing
and if we need to take additional action. That would also give the city ability to hopefully
inspect in the property prior to that 30 day and keep a little heat on the property owner to
do somethings.
Mr. Gist asked Ms. Ryan did she mention something that was occurring on July 5t". Ms.
Ryan replied it is the foreclosure and the auction if we don't sell the property. Mr. Gist
asked so you basically have three opportunities to sell your property through the auction
and potential sale of the property with two different people. Ms. Ryan responded correct.
One of them, of course, is out of my hands with that option. Until her son got here, she
wasn't sure what kind of condition the house was in. And the reason I said there was
mold is because my respiration was being affected. She didn't get it tested for mold and
once they got into the house, they noticed there was no mold. So, the mold is verbally
from me saying that information as opposed to proof that there was any mold. She is
very sensitive to mold since she has COPD so she couldn't enter the structure by
herself. Mr. Gist stated he was trying to determine if July 5t", if there was something
there as more of hard deadline which would then fall before our next meeting.
Everything she has done is to make sure this is taken care of and to make sure the city
doesn't have this issue anymore with the property.
Mr. Crowson asked Ms. Ryan if the city has her contact information. Ms. Ryan replied
yes. She has been in contact with Code Officer Matthew Hall, and she didn't even think
about to call him and say this is what we are doing. She apologized for that.
Chairman Crowson closed the public hearing.
MR. DANIEL CAULKINS MOVED FOR A 30 DAY CONTINUATION. MR. BILL WAIT SECONDED THE
MOTION.
MOTION TO APPROVE CARRIED 5-0.
CA SBB 2022-90 PUBLIC HEARING AND CONSIDERATION WHETHER THE
STRUCTURE ON THE PROPERTY LOCATED AT 7625 SHADOW WOOD,
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.
Substandard Building Board Meeting
June 14, 2022
Page 8 of 19
NO ACTION TAKEN
Acting Chairman McCary called on Stefanie Martinez, Director of Neighborhood
Services, to present the case.
Ms. Martinez presented an area and zoning map of the property located at 7625
Shadow Wood.
Ms. Martinez provided the Board with an overview of action taken to date for the
structure located at 7625 Shadow Wood.
• 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 many 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 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 are on front porch
but not as many as usually seen. Will continue to monitor property.
Substandard Building Board Meeting
June 14, 2022
Page 9 of 19
• 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. 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 is now in compliance.
• March 28, 2022 — Officer Matthew Hall initiated case, violation confirmed. 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 - Hall entered the rear yard with City contractor at the permission
granted by the homeowner Michelle Macaluso 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 mailed certified and regular mail to the property
owner.
• 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
Substandard Building Board Meeting
June 14, 2022
Page 10 of 19
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.
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 of the accumulation of several boxes/packages stored on the front
porch. Photo taken August 20, 2020 by Code Officer M. Hall.
• Photo taken of the accumulation of boxes remain stored on the front porch. Photo
taken August 26, 2020 by Code Officer M. Hall.
• Photo taken of several boxes have been removed from the front porch. Photo
taken September 25, 2020 by Code Officer M. Hall.
• Photo taken of the accumulation of several boxes/packages on front porch.
Photo taken December 15, 2020 by Code Officer M. Hall.
• Photo taken of the accumulation of several boxes/packages on front porch.
Photo taken January 20, 2021 by Code Officer M. Hall.
• Photo taken of the accumulation of several boxes in driveway. Photo taken March
18, 2021 by Code Officer M. Hall.
• Photo taken of the accumulation of several boxes on side yard in driveway. Photo
taken April 23, 2021 by Code Officer M. Hall.
• Photos taken of roll-off dumpster on site filled with debris. Photo taken May 22,
2021 by Code Officer M. Hall.
• Photos taken of the accumulation of boxes and miscellaneous debris on side yard
and driveway. Photo taken March 28, 2022 by Code Officer M. Hall.
• Updated photos taken on June 10, 2022 showing accumulation removed from the
property. Photo taken by Code Officer M. Hall.
Ms. Martinez advised the Board that Staff recommends that the Substandard Building
Board find the property to be a nuisance and order that:
Substandard Building Board Meeting
June 14, 2022
Page 11 of 19
• 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 April 29, 2022 through Friday, June 10th as the
accumulation continues.
Ms. Martinez informed the Board that the accumulation continues to return. We have
already cited them twice. We have gone to court twice and yes; they have cleaned the
property twice. This is now the third time. It took us bringing this to the Board to get
them to comply for the third time. While the property has been abated as of today, it
wasn't last Friday. So, she is asking that the civil penalty be assess from April 29, 2022
to June 10, 2022.
Mr. Wait asked Ms. Martinez if both property owners are immobile. Ms. Martinez replied
that staff have been told that the property owners do not come out of their house. She
doesn't know the reason. When she spoke to Ms. Macaluso, she stated that her
husband has arthritis, and he doesn't get around very well. They have never the
property owners physically. Mr. Wait stated is sounds like we have situation where
these people who are unable to do it. Mr. Wait how do we find out whether they are
capable with complying with an order. Ms. Martinez replied well by these actions they
have. They might not be physically able by the means to do it themselves, but they have
financial means to hire someone to go to the property and clean it up. They also have
the means to continue buy and accumulation all these boxes.
Chairman Crowson stated he had a problem with this and doesn't see the Board acting
on this. If the accumulation was there right now, it would be no problem but the
accumulation is gone. City Staff have the right to issue citations and continue to write
them citations for not complying. Ms. Martinez replied we have cited them and the
accumulation keeps coming back.
Chairman Crowson asked Ms. Martinez if the boxes were filled. Ms. Martinez replied
yes, they were unopen boxes.
Ms. Martinez stated it was her hopes that the property owners or a representative would
be here tonight so that we could send a message this is where we want to get to. We
don't ever want this to come back again.
Chairman Crowson asked if code received a complaint regarding this property or did
code drive by and saw the violation. Ms. Martinez replied that the complaint came from
the Police Department. Someone had called in a complaint to the Police Department to
do a welfare check and they got us out there.
The Board discussed whether to issue a civil penalty or to take no action.
Mr. Caulkins asked Mr. McMillian, Assistant City Attorney for his opinion this situation as
the violation no longer exist and issuing an Order on a violation that is no longer exist.
Mr. McMillian replied this is new territory for him as well. There was accumulation at one
Substandard Building Board Meeting
June 14, 2022
Page 12 of 19
time. Mr. McMillian asked Ms. Martinez if she had something. Ms. Martinez would
recommend maybe not hold them to the 30 days to remove the accumulation as it is
gone but hold them to the civil penalty based on the failure to remove the accumulation
from the date of the Notice and Order through Friday, June 10, 2022. We don't hold
them to the rest of the suggested order but to the civil penalty.
Assistant City Attorney, Thomas McMillian asked for a brief recess at 7.17 p.m.
The hearing was brought back into session at 7.27 p.m.
Mr. McMillian informed the Board that a civil penalty can be assessed for past
accumulation that was noticed but later remedy. It can only be assessed for the time
period that we can prove that there was a violation. So, it would be from the date the
notice was given and the last date that someone can testify they saw the property in
violation and not the date it was cleaned up.
Ms. Martinez informed the Board that Code Officer Hall was out there on Friday, June
10, 2022, because that is the date the owner had said it would be done so that was the
date, they permitted us back on the property to do the inspection and to show that it was
completely clean. Mr. Millian stated she could only go to the date the property was last
seen in violation and not the date that the violation was seen cleaned up. Ms. Martinez
stated she needed to confirm with Code Officer Hall on the last day he confirmed a
violation.
Ms. Martinez stated after going through the case photos, they didn't have any photos
the violations after the posting date so at the current time they will not be asking for the
civil penalty.
Mr. Gist asked Ms. Martinez did she state earlier that they had paid fines. Ms. Martinez
replied yes, they have paid fines to the Municipal Court. Mr. Gist asked how much were
the fines. Ms. Martinez replied the first fine was $200 and she doesn't recall the amount
of the second fine. Also, there is a lien on the property for other abatements
Chairman Crowson asked for a Motion and if no motion, then no action will be taken by
the Board.
No MOTION ISSUED BY BOARD
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 HILLS, TARRANT
COUNTY, TEXAS IS SUBSTANDARD OR HAS AN UNLAWFUL
ACCUMULATION WITHIN THE MEANING OF THE CITY'S ORDINANCES
AND ORDER REPAIR OR DEMOLITION OF THE STRUCTURE AND/OR
REMOVAL OF THE ACCUMULATION.
Substandard Building Board Meeting
June 14, 2022
Page 13 of 19
APPROVED
Chairman Crowson called on Stefanie Martinez, Director of Neighborhood Services, to
present the case.
Ms. Martinez presented an area and zoning map of the property located at 4300 Booth
Calloway Road.
Ms. Martinez provided the Board with an overview of action taken to date for the
structure located at 4300 Booth Calloway Road.
• 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 that some progress in the backyard
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.
• March 24, 2021 - Simmons observed some accumulation on the front porch has
been cleaned up but some televisions remained 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. But 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 all
other miscellaneous. Photos were taken.
• November 9, 2021 — The property is still in violation, photos were taken.
Substandard Building Board Meeting
June 14, 2022
Page 14 of 19
• 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 still remains to be 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 SBB Hearing Notice on the front door and
mailed certified and regular mail to the property owner. Photo taken.
Ms. Martinez presented several photos of the property. Photos included:
• Photo of the Notice and Order posted at the residential property.
• Photo of the Notice of Hearing at the residential property.
• Several photos taken of the accumulation and debris on the front porch. Photo
taken January 6, 2021, January 7, 2021, January 25, 2021, March 8, 2021 by
Code Officer C. Simmons and Code Officer M. Hall.
• Photo taken of the televisions on the ground. Photo taken January 6, 2021 by
Code Officer M. Hall.
• Photo taken of the fence panels piled up next to the front porch. Photo taken May
4, 2021 by Code Officer M. Hall.
• Photo taken of the accumulation and debris on the side of the house. Photo taken
on May 4, 2021 by Code Officer M. Hall.
• Photo taken of the fence panels piled up next to the front porch. Photo taken May
19, 2021 by Code Officer C. Simmons.
• Photo taken of the fence panels still piled up next to the front porch. Photo taken
June 1 , 2021 by Code Officer C. Simmons.
• Photo taken of the accumulation and debris on the side of the house. Photo taken
on July 6, 2021 by Code Officer C. Simmons.
• Photo taken of the accumulation and debris in the backyard. Photo taken on July
9, 2021 by Code Officer C. Simmons.
Substandard Building Board Meeting
June 14, 2022
Page 15 of 19
• Photo taken of the accumulation and debris on the side of the house. Photo taken
on November 9, 2021 by Code Officer C. Simmons.
• Several photos taken of the accumulation and debris in the backyard. Photo
taken on May 13, 2022 by Code Officer R. Horne.
• Several photos taken of the interior of the substandard structure. Photo taken
May 13, 2022 by Code Officer R. Horne.
• Photo taken of the "DO NOT ENTER, UNSAFE TO OCCUPY" sign. Once
property vacant, Code posted the signed. Photo taken May 13, 2022 by Code
Officer R. Horne.
• Several phots taken of the exterior of the substandard structure. Photo taken on
May 13, 2022 by Code Officer R. Horne.
Ms. Martinez advised the Board that Staff recommends that the Substandard Building
Board find the property to be a substandard structure and order that:
• All required permits be obtained within 15 days of the board order.
• The building be repaired within 30 days of the board order.
• If the property owners fails to bring the property into compliance, the lienholder
shall have the same timeframe to bring the property into compliance. Should the
owner and the Iienholder fail to bring the property into compliance, the city should
be authorized to bring the property back before the Substandard Building Board
to request a civil penalty.
Ms. Martinez advised the Board that Staff recommends that the Substandard Building
Board find the property to be in violation of the specific nuisance ordinance and order
that:
• The items and conditions identified in violation of Chapter 34, Section 34-33 be
removed within 30 days.
• If the property owners fails to bring the property into compliance, the Iienholder
shall have the same timeframe to bring the property into compliance. Should the
owner and the Iienholder fail to bring the property to compliance, the City to enter
on to the property and abate the nuisance and remove the debris and remove the
inoperative vehicle with costs to be assessed against the property owner. The
City will place a lien on the property for the amount owed plus any accrued
interest.
• A civil penalty be assessed against the property for failure to remove the
accumulation from the property in accordance with Chapter 98, Sec 98-470 in the
amount of $290.00 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 May 18, 2022.
Chairman Crowson asked Ms. Martinez if there is a Iienholder on the property. Ms.
Martinez replied that based on our title search there is a Iienholder and we couldn't
Substandard Building Board Meeting
June 14, 2022
Page 16 of 19
locate a release. It is possible the mortgage could be paid off but there is no release on
file. We do believe there is a Iienholder.
Chairman Crowson asked if the Board 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.
Mr. Elhadi Kareem, the property owner, stepped forward. Thank you for this opportunity,
He feels really sick and bad about this situation. He didn't know about this until about 12
or 14 days ago when he flew from North Africa, Turkey, and Frankford to here. There is
war there. June of last year, the house was good. His son was there. He received a
notice from the city stating please fix the window. He fix the window. He divorced in
2011 and there is war in Libya. He had a son that died. COVID-19 killed two people from
his family. He got married in Libya and he waited for his wife to get her card. This is
home. He has been here for 40 years. I feel very bad. We are a decent family. He
comes here once a year. He is a license acupuncture here in Texas. He has lived her for
40 years. When I came back, I find this son had gotten into the house and this became
like a nest for very very people. I could show you tons of emails telling him that wife is
going to get her visa. About a month ago, he ordered some furniture. He told him son to
clean up the house because he is coming. He bought refrigerator, TV, and other things
that are ready to be delivered. When he got here and found the house in this condition.
He was shocked. His son is in jail now. He is here now and he going to fix all the
problems. He will keep the house good and clean not only for his family but for his
neighborhood. He is very sincere. He is 66 years old. I feel bad my neighbors had to
deal with this and people coming back and forth to the house. It will only be himself and
his wife living at the house. He met with Mr. Hall to go over what need to be done based
on top priority. He has list of first priority, second priority, third priority, etc. Also, what
things will require a permit before doing those things. Mr. Hall was very kind. He emailed
me a few times as my daughter, who lives in Florida, said that he had received several
letters from the city and my daughter gave Mr. Hall my email address. I told her I hadn't
received any email, but they were in my spam folder. He saw the email and booked a
flight immediately. He will not leave. Mostly likely his wife will get her Visa. She is waiting
on her interview, at maybe at the end of July. This is his home. He promises he will get it
done and he invites the city to come out at any time. He is here full time. He has the
funds to get it all taken care of. He has already contacted several contractors. The only
problem he will have is that there is only one car there that is under his name. The rest
of the vehicles do not belong to him so he will go the Police Department and speak to
them about these vehicles being on his property with his permission.
Chairman Crowson informed Mr. Kareem that the property is substandard and the
Board will give him a timeline to make the repairs. He does feel that Mr. Kareem is
being sincere, and that he will get the repairs done.
Chairman Crowson closed the public hearing.
Chairman Crowson asked the Board if anyone had any questions.
Substandard Building Board Meeting
June 14, 2022
Page 17 of 19
Mr. Caulkins asked Ms. Martinez what permits she thinks will be necessary on this
property. Ms. Martinez replied there would have to be a building permit because of the
exterior and the wood that needs to be replaced such as soffits that are missing. Also,
plumbing, and electrical because those walls are open. She doesn't know if any energy
code things that need to be brought to their attention because there's there are some
windows that are broken. If they need to be replaced, it might require that energy code
documentation but a building, plumbing, and electrical permits. Mr. Caulkins asked if
that is something the homeowner could do is go to inspections and they could help him
identify what he needs. Ms. Martinez replied yes.
Ms. Martinez informed the Board that the statute states that we can't give any more than
30 days unless the property owner brings a detailed plan of action. So, staff is only
recommending 30 days.
Chairman Crowson asked Mr. Kareem if he thinks he can make the repairs in 30 days.
Mr. Kareem said yes.
Chairman Crowson asked Ms. Martinez with the city putting the No Vacancy, does the
city have the property locked up. Ms. Martinez replied no, the property owner still has
the keys to the property. We posted that notice. The property owner can still enter the
property and make repairs. It just can't be occupied until a building inspector has come
out and cleared it.
MR. BILL WAIT MOVED TO ENTER THE FOLLOWING ORDERS FOR SBB 2022-91 DETERMINING
THE PROPERTY LOCATED AT 4300 BOOTH CALLOWAY ROAD LEGALLY DESCRIBED AS TRACT
1OA04A OF THE WILLIAM W. WALLACE SURVEY, ABSTRACT 1606 IN THE CITY OF NORTH
RICHLAND HILLS, TARRANT COUNTY, TEXAS THAT THE SINGLE FAMILY RESIDENTIAL AND
ACCESSORY STRUCTURES ARE HEREBY FOUND TO BE SUBSTANDARD BUILDINGS BY REASON OF
CONDITIONS SET FORTH IN THE NOTICES OF THIS HEARING. SUCH NOTICES ARE HEREBY
INCORPORATED IN THIS ORDER. IT IS HEREBY ORDERED ALL REQUIRED PERMITS BE OBTAINED
WITHIN 15 DAYS; AND ALL REPAIRS TO THE STRUCTURE MUST BE COMPLETED WITHIN 30 DAYS;
OR IF THE STRUCTURE IS NOT REPAIRED WITHIN 30 DAYS, THE STRUCTURE SHALL BE
DEMOLISHED AND ALL DEBRIS REMOVED FROM THE PROPERTY. IF THE OWNER FAILS TO REPAIR
THE STRUCTURE AS ORDERED ABOVE WITHIN ALLOTTED TIMEFRAME THE LIENHOLDER SHALL
HAVE THE 30 DAYS TO DO THE SAME. IF THE PROPERTY OWNER OR THE LIENHOLDER 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
STRUCTURE 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. MR. DANIEL CAULKINS SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 5-0.
MR. BILL WAIT MOVED TO ENTER THE SECOND ORDER FOR SBB 2022-91 DETERMINING THE
PROPERTY LOCATED AT 4300 BOOTH CALLOWAY ROAD LEGALLY DESCRIBED AS TRACT
Substandard Building Board Meeting
June 14, 2022
Page 18 of 19
1OA04A OF THE WILLIAM W. WALLACE SURVEY, ABSTRACT 1606 IN THE CITY OF NORTH
RICHLAND HILLS, TARRANT COUNTY, TEXAS IS HEREBY FOUND TO BE IS FOUND TO BE A
PUBLIC NUISANCE BY REASON OF CONDITIONS SET FORTH IN THE NOTICES OF THIS HEARING IN
REFERENCE TO CHAPTER 34, SECTION 34-33 SPECIFIC NUISANCES ORDINANCE. THE ITEMS
AND CONDITIONS IDENTIFIED IN VIOLATION SHALL BE REMOVED AND/OR REPAIRED WITHIN 30
DAYS; AND IF THE OWNER FAILS TO COMPLY AND COMPLETE THE REMOVAL OR CLEAN-UP OF
THE PROPERTY AS ORDERED ABOVE WITHIN THE ALLOTTED TIMEFRAME THE LIENHOLDER SHALL
HAVE THE 30 DAYS TO DO THE SAME. IF THE PROPERTY OWNER OR THE LIENHOLDER 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 CLEANING AND
REMOVAL OF ALL ACCUMULATION AND DEBRIS AT THE PROPERTY AND ASSESS THE COST OF
SUCH ACTION AGAINST THE PROPERTY WITHOUT ANY FURTHER NOTICE GIVEN. 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 $270.00 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 MAILED TO THE PROPERTY OWNER ON MAY 23, 2022. MR. DANIEL CAULKINS SECONDED
THE MOTION.
MOTION TO APPROVE CARRIED 5-0.
D. ADJOURNMENT
Chairman Crowson adjourned the meeting at 7.31 p.m.
Brian Crowson, Chairman
ATTEST:
Audrey Cappallo, Executive Secretary
Substandard Building Board Meeting
June 14, 2022
Page 19 of 19
"K
NOKTH KICHLAND HILLS
SUBSTANDARD BUILDING BOARD MEMORANDUM
FROM: Neighborhood Services DATE: September 13, 2022
Department
SUBJECT: SBB 2022-88 Public hearing and consideration whether the
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 presented evidence to the Board at the June 2022 hearing. At
that time the Board continued the case to a later date to allow time for the widow and son
of the previous owner to file for ownership of the property. As of August 23, 2022 the
ownership has not transferred, no additional documents have been filed to clarify
ownership, nor have the substandard violations been abated. The Neighborhood Services
Department is now presenting evidence to the Substandard Building Board so that they
may consider taking action regarding the single family structure which remains
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, 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 A
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 and her
son. Photos were taken.
• October 25, 2021 —Hall re-inspected the property, no change observed, no contact
from owner or family, issuing probable cause affidavit (PCA). Photos were taken.
• December 8, 2021— Hall re-inspected the property and no change observed.
• February 16, 2022 — Hall re-inspected the property and no change observed.
"K
NOKTH KICHLAND HILLS
• 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 leaks into the house when it rains.
• 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.
• 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.
• June 14, 2022 — The case was presented to the Substandard Building Board. The
Board continued the case for 60 days to allow the heirs of the property to file for
heirship to clarify the ownership of the property and begin repairs.
• August 23, 2022 — The Notice to Appear at the September 13, 2022 SBB hearing
was posted. No improvements have been made to the structure.
Since the inception of the case nearly a year ago, the owner has secured the exterior and
cleaned out the interior of the structure. Minimal work has been accomplished in 12
months. Action 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
-
.I y
NIT 11
� I
IG � l1
Y I I T I ,
STAFF RECOMENTATION
Staff recommends that the Substandard Building Board find the structure on the property
located at 6636 Brookshire Trail to be substandard.
D222209434 08/23/2022 08:37 AM 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
August 23, 2022 Certified/Return Receipt Requested
(7017 2620 0001 0374 5748)
Jose A Ortiz and Carmen A Rivera Ortiz
6636 Brookshire Trl
North Richland Hills, Texas 76182
Re: SBB 2022-88; 6636 Brookshire Trail, 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, September 13, 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. This case was continued from the June 14, 2022 hearing.
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, April 29, 2022 and May 23,
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.
4301 City Point Drive • North Richland Hills,Texas • 76180
Phone 817-427-6663 • Fax 817-427-6667
D222209434 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,
"Stefqpfloa Martinez, Neighborhood Se es Director
1
Given under my hand and seal of office the day of 2022.
EEII-
4301AUDREy CAPPALLO Notary ublic ' and fo t e State of Texas
ary Public, State of Texas
mm. Expires 02-19-2024
Notary ID 126417518 My Commission Expires:
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: September 13, 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 within the
meaning of the city's ordinances and order repair or demolition of
the structure.
PRESENTER: Stefanie Martinez, Director of Neighborhood Services
SUMMARY
Neighborhood Services presented evidence to the Board at the June 2022 hearing. At
that time the Board continued the case to a later date to allow time for the property to
transfer ownership. The owner, Ms. Woods informed the Board that she had interested
buyers and requested time to allow the property to be sold. An agent for the mortgage
company also appeared and spoke at the hearing. He stated that his client had approved
the property to be sold and if the sale did not occur, the lender would take action to abate
the violations at the location. As of August 23, 2022 the property has not transferred
ownership nor have the substandard violations been abated. The Neighborhood Services
Department is now presenting evidence to the Substandard Building Board so that they
may consider taking action as to whether the single-family structure and accessory
structure remains substandard as described in Chapter 98 of the City of North Richland
Hills' Code of Ordinances.
BACKGROUND INFORMATION
The property is located at 6809 Driffield Circle West, is zoned R- 2, Residential, and has
a single-family residential 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.
"K
NOKTH KICHLAND HILLS
• January 20, 2021 —Violations remained; 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 was observed
down on the ground today, accumulation of trash/debris, litter, broken items and
other miscellaneous items stored throughout the property. Rear yard had high
grass and weeds again. The substandard violation still remained present. Officer
Hall appeared in the North Richland Hills Municipal Court to testify regarding the
condition of the property 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 remained with the exception of the high
grass/weeds that were in compliance. Hall processed the probable cause affidavit
(PCA) for the property to address 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.
• June 14, 2022 — The case was presented to the SBB. At that hearing the owner
testified that the property was cleared of any accumulation. The Board continued
the case for 30 days to allow the owner time to transfer ownership of the property.
• August 23, 2022 — The Notice to Appear document was posted at the property.
Officer Hall also noted that the two French doors had been damaged and the
building was open to unauthorized entry.
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
..
t,411
, 1 � _J
�j� I„„L, W
� ➢ y
.........
r .. .
" t fl { 1444,I"
o
STAFF RECOMENTATION
Staff recommends that the Substandard Building Board find the structure on the property
located at 6809 Driffield Circle West to be substandard.
D222209443 08/23/2022 08:39 AM 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
August 23, 2022 Certified/Return Receipt Requested
(7017 2620 00001 0374 5755)
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, September 13, 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. This case was continued from the June 14, 2022 hearing.
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, April 29, 2022 and May 23, 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 City Point Drive • North Richland Hills,Texas • 76180
Phone 817-427-6663 • Fax 817-427-6667
D222209443 Page 2 of 2
NItH 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,
� =
eft,ie Martinez, Neighborhood Services Director
Given under my hand and seal of office the-�2Wday of 2022.
PY PUS,, AUDREY CAPPALLO Notary Public in Ond for tFF19tate of Texas
-iFl,Notary Public,State of Texas
Comm. Expires 02-19.2024
,,,I Notary It t2s4t�sla My Commission Expires:
cc: Deneen Woods
2928 Woodbridge Dr.
Bedford, TX 76021
Cert. # 7017 2620 00001 0374 5762
Ben Woods
6809 Driffield Cir W
North Richland Hills, TX 76182
Cert. # 7017 2620 0001 0374 5779
Wilmington Savings Fund Society,
FSB, not in its individual capacity
Trustee for Citigroup Mortgage Loan Trust 2017-RP2
500 Delaware Avenue, 11t" Floor
Wilmington DE 19801
Cert. # 7017 2620 00001 0374 5786
Four19 Properties, LLC
1030 E US Highway 377 STE 110-277
Granbury, Texas 76048
Cert. # 7017 2620 0001 0374 5793
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: September 13, 2022
Department
SUBJECT: SBB 2022-92 Public hearing and consideration whether the
structures and the property located at 7408 Bursey Road known as
Block 1, Lot 11, of the Oak Ridge Estates in the City of North
Richland Hills, Tarrant County, Texas are substandard within the
meaning of the city's ordinances and order repair or demolition of
the structures.
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 structures are substandard as described in
Chapter 98 of the City of North Richland Hills' Code of Ordinances.
BACKGROUND INFORMATION
The property is located at 7408 Bursey Road, is zoned R-2 Residential, and consists of
a single-family residential structure as well as several accessory structures. The property
is located north of Cross Timbers Park east of Douglas. The property is vacant and owned
by Charlsey Waugh General Partnership. The member(s) of the partnership reside in
Mesquite.
• April 29, 2020 — Case was initiated. Officer Matthew Hall observed an accessory
structure in the rear of the property to be vacant and open. Notices of violation
posted on front door and mailed to the property owner.
• May 12, 2020 — Officer Matthew Hall completed a re-inspection and observed the
front yard had been mowed but did not see any other changes. He sent an email
to Amy Moss, a member of the partnership, requesting an update on the property.
Officer Hall received a call from Tanner Moss, Amy's son, who stated he would be
working on abating all the other issues/violations on the property that week and
would contact Officer Hall to meet to conduct a full inspection of the property and
confirm the violations had been abated.
• June 9, 2021 — Officer Hall received an email from the North Richland Hills Police
Department in regards to the condition of the property. Hall observed the high
grass and weeds violation, but was unable to verify if the swimming pool was
stagnant. He was also unable to confirm if there were any open entries to the
"K
NOKTH KICHLAND HILLS
structures on the property. Tanner Moss denied the City entry to the structures on
the property.
• June 23, 2021 — Officer Hall was allowed to complete an inspection of the exterior
and rear yard areas only. The pool had been cleared of water but still had some
green moss at the bottom. Mr. Moss was also informed to secure the two open
doors at the rear, mow the rest of the grass, and remove the trash and debris on
the property. Tanner Moss advised he would be out the next day to work on the
location.
• October 12, 2021 — Hall observed the violations remained with the exception of the
high grass/weeds that was in compliance.
• June 15, 2022 — Hall observed some cleanup had taken place since the previous
inspection but an appliance stored on the side rear yard remained as well as litter
and debris present near the carport. Hall also observed a coyote exit the rear of
the premises where the pool pump utility room was located near the second story
landing staircase at the rear of the structure. Hall notified Animal Services of this
sighting. He also noted that there were holes in the wooden soffit near the roofline
at the east side portion of the structure visible from the front yard, trees
overgrowing, as well as dead limbs and branches hanging from trees in the front
yard.
• June 24, 2022 — Through an Administrative Search Warrant, city staff entered the
property. They observed substandard conditions in the single-family residential
structure, the two-story addition to the single-family residential structure, and the
three accessory structures. The single family residential structure was filled will a
large amount of household items and furniture, some areas were so filled that
egress was limited if available at all. City staff observed exposed electrical wiring,
exposed plumbing, rotten/broken/missing interior walls & sheet rock, and rodent
infestation. Wildlife was observed living in the accessory structures. The property
overall had a large amount of overgrown vegetation. The swimming pool at the
rear yard of the single family residential had stagnant water. A discarded appliance
was observed at the rear of the two-story addition.
• July 19, 2022 — Officer Hall observed progress regarding the cleanup. Tanner
Moss emailed staff about the plans for the property. He stated it was to be placed
up for sale. He also stated the intent to clear the property of vegetation. A trailer
was on site to remove the debris.
• August 18, 2022 — Officer Hall took photos of the property showing the continuous
progress. The appliance, cut tree trunks, and limbs remained at the property.
Officer Hall emailed Tanner Moss requesting the remaining items be removed from
the property.
• August 23, 2022 —The Notice of Hearing was posted at the property. Hall observed
a majority of the accumulation was removed. The vegetation was trimmed. The
"K
NOKTH KICHLAND HILLS
substandard conditions remained at the property with no changes observed,
photos were taken. Property is listed online for sale.
Since the inception of the case in April of 2020, the ownership has removed all the
accumulation on the exterior and mowed, trimmed and cleared the vegetation over the
entire property. In August the property was listed for sale. The substandard conditions
remain at the property.
ANALYSIS
p gVi,
. N ..
n4 Iwl . .,,.:.., ...,,.. R. I
T 1 'r
a
_ _ .
. ..
k j f Vm V,
J� Ju II!
J..I.Ll J� �I �. � � !
. .�..,,..—.. .w__.,.,.,.,,, .,��._,..,., ,.,.,,,-, _ f
..........I I........
STAFF RECOMENTATION
Staff recommends that the Substandard Building Board find the structures on the property
located at 7408 Bursey Road to be substandard.
D222209459 08/23/2022 08:42 AM Page: 1 of 2 Fee: $23.00 Submitter: Audrey Cappallo
Electronically Recorded by Tarrant County Clerk in Official Public Records to,J�
MARY LOUISE NICHOLSON
COUNTY CLERK
NFkH Code Compliance
CITY OF NORTH RICHLAND HILLS
Notice of Hearing — Substandard Building Board
August 23, 2022 Certified/Return Receipt Requested
(7017 2620 0001 0374 5809)
Charlsey Waugh General Partnership
1228 Lakeshore Drive
Mesquite, Texas 75149
Re: SBB 2022-92; 7408 Bursey Road, legally described as Block 1, Lot 11, of the Oak Ridge
Estates (NRH) 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, September 13, 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 and 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 . Both exterior and interior of both structures must be brought to minimum code
requirements.
Notifications of these violations were sent on April 28, 2020, June 9, 2021, June 24, 2022 and
August 2, 2022.
The board will determine whether the buildings 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 Citv Point Drive • North Richland Hills,Texas • 76180
Phone 817-427-6663 • Fax 817-427-6667
D222209459 Page 2 of 2
NltH 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,
' r �
tefan' Martinez, Neighborhood Services Director
Filed as Received
Given under my hand and seal of office the.ZWday of � , 2022.
AUDREY CAPPALLO Notary Public In and or th State of Texas
Notary Public,State of Texas
Comm. Expires 02-19-2024 My Commission Expires:
Notary ID 126417518
cc: Charlsey Waugh General Partnership
c/o Amy Waugh and Tracy Moss
1228 Lakeshore Drive
Mesquite, Texas 75149
(Cert. # 7017 2620 0001 0374 5816)
Charlsey Waugh General Partnership
c/o Tanner Moss
1813 Clarence Street #1
Dallas, Texas 75212-2794
(Cent. # 7017 2620 0001 0374 5823)
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: September 13, 2022
Department
SUBJECT: SBB 2022-93 Public hearing and consideration whether the
structures and the property located at 8851 Boulevard 26 also
known as 8735, 8859 & 8867 Boulevard 26, legally described as
being a portion of Lot 3R1 and all of Lot 4R, Block 2, Walker Branch
Addition in the City of North Richland Hills, Tarrant County, Texas
are substandard within the meaning of the city's ordinances and
order repair or demolition of the structures.
PRESENTER: Stefanie Martinez, Director of Neighborhood Services
SUMMARY
Neighborhood Services will present evidence to the Board for consideration as to whether
the former Mountasia commercial entertainment structure and accessory structures are
substandard as described in Chapter 98 of the City of North Richland Hills' Code of
Ordinances.
BACKGROUND INFORMATION
The property is located at 8851 Boulevard 26 also known as 8735, 8859 & 8867
Boulevard 26 and is zoned OC—Outdoor Commercial (intended to permit a limited variety
of commercial uses that require an extensive amount of outdoor display use) which
consists of a main commercial structure with arcade and bowling center; an accessory
maintenance structure; and smaller structures such as ticket booths and amusement
pieces (miniature golf, bumper boats and race track). The property is located on
Boulevard 26 north of Harwood and across the highway from Tarrant County College
Northeast Campus. The ownership group's offices are in Florida.
• February 16, 2022- case initiated, violation confirmed. Officer Rayneice Horne and
Officer Debbie Heizer along with NRHPD inspected the property 8851 Boulevard
26 also known as 8735, 8859 and 8867 Boulevard 26 that was once Mountasia
Family Center but is now permanently closed. There are several existing code
violations; several photos were taken.
• February 17, 2022— Officer Horne emailed and mailed the notices of violation to
ProParks informing them that the vacant and open violation needed to be resolved
by Monday, 02/21/22.
"K
NOKTH KICHLAND HILLS
• February 28, 2022— Horne observed the doors and windows had been secured,
photos were taken.
• March 25, 2022- Officer Horne observed some progress but has not heard from
the property owner, photos were taken.
• July 21, 2022 - Horne observed the property and the code violation still remain
within the main facility and entertainment attraction areas, photos were taken. The
three outdoor canopy structures located at the rear of the business address, also
addressed as 8735 Boulevard 26, were not observed to have violation at the time
of that inspection.
• August 23, 2022 - Horne observed that the building(s) remain secured and the
substandard and nuisance code violations still remain on a majority of the property,
excluding the three outdoor canopy structures, photos were taken.
Since the inception of the case in February 2022 the ownership group has removed
some of the accumulation on the exterior, however some brush remains on the
grounds. The property is clear from high grass and weeds. The pools and water
features continue to be an issue and Code Compliance has had the city contractor
drain the water to eliminate mosquito and vector hazards. The property continues to
be vandalized and accessed by unauthorized individuals despite the ownership's
attempts to secure the property. The North Richland Hills Police Department have had
numerous calls for service at this location due to vandalism and unauthorized entry.
ANALYSIS
a.. w C1rll'Plxiil
�[I EuIC,i6r1, =
t✓I� ��.Ir.�� � �...... ,, -,,,
"K
NOKTH KICHLAND HILLS
STAFF RECOMENTATION
Staff recommends that the Substandard Building Board find the structures on the property
located at 8851 Boulevard 26, also known as 8735, 8859 & 8867 Boulevard 26, to be
substandard. Staff further recommends that the Substandard Building Board find the
property in violation of the nuisance ordinance.
D222209449 08/23/2022 08:41 AM 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
August 23, 2022 Certified/Return Receipt Requested
(7017 2620 0001 0374 5830)
TRS FEC IV, LLC
c/o EPR Properties
909 Walnut Street
Kansas City, Missouri 64106
Re: SBB 2022-93; — 8851 Boulevard 26 also known as 8735, 8859 & 8867 Boulevard 26,
legally described as being a portion of Lot 3R1 and all of Lot 4R, Block 2, Walker Branch
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, September 13, 2022, at the City of North
Richland Hills City Hall, Council Workroom — 31d 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 and interior of structures have accumulation of trash and debris.
2. The fence enclosure on the property must be repaired or replaced.
3. The accumulated refuse, vegetation or other matter that creates breeding and living
places for insects and rodents must be abated.
4. Both exterior and interior of both structures must be brought to minimum code
requirements.
Notifications of these violations were sent on February 16, 2022, February 17, 2022, and
August 2, 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
4301 CM,Point Drive • North Richland Hills, Texas • 76180
Phone 817-427-6663 • Fax 817-427-6667
D222209449 Page 2 of 2
NlkH Code Compliance
CITY OF NORTH RICHLAND HILLS
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 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,
Stefani `Martinez, Neighborhood Service4 Director
Given under my hand and seal of office tht2at-'�'day of > 2022.
1
JQ�PPV PCB�4 AUDREY CAPPALLO
•:Notary Public, state of Texas Notary Public i and or tate of Texas
9r.... + Comm. Expires 2024 y
Notary ID 1264176417518 M Commission Expires: c� �
cc: ProParks Attractions Group
420 S Orange Ave, Suite 270
Orlando, FL 32801
Cert. # 7017 2620 0001 0374 5847
4301 City Point Drive • North Richland Hills,Texas • 76180
Phone 817-427-6663 • Fax 817-427-6667