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HomeMy WebLinkAboutSBB 2022-06-14 Minutes MINUTES OF THE REGULAR MEETING SUBSTANDARD BUILDING BOARD OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE COUNCIL WORKROOM, 4301 CITY POINT DRIVE JUNE 14, 2022 North Richland Texas met on the The Substandard BuildingBoard of the CityofHills, 14th 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. C.1 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 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. 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 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$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 building.buildin . 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 1 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 5th. 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 5th, 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. C.4 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 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 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 10of19 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 remove the accumulation civil penaltye gone but hold them to the based on the failure to 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 10A04A 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 Home, 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. Home 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 Home 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. Home. • Several photos taken of the interior of the substandard structure. Photo taken May 13, 2022 by Code Officer R. Home. • 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. Home. • Several phots taken of the exterior of the substandard structure. Photo taken on May 13, 2022 by Code Officer R. Home. 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 lienholder 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 lienholder shall have the same timeframe to bring the property into compliance. Should the owner and the lienholder 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 lienholder on the property. Ms. Martinez replied that based on our title search there is a lienholder 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 lienholder. 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 10AO4A 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: alk0( C Audrey Capp lo, Exedutye Secretary Substandard Building Board Meeting June 14, 2022 Page 19 of 19