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HomeMy WebLinkAboutSBB 2022-11-08 Agendas k4Ft, D HILLS CITY OF NORTH RICHLAND HILLS SUBSTANDARD BUILDING BOARD AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 TUESDAY, NOVEMBER 8, 2022 REGULAR MEETING: 6:00 PM Held in the Council Workroom A. CALL TO ORDER B. PUBLIC COMMENTS An opportunity for citizens to address the Substandard Building Board on matters which are scheduled on this agenda for consideration by the Board, but not scheduled as a public hearing. In order to address the Substandard Building Board during public comments, a Public Meeting Appearance Card must be completed and presented to the recording secretary prior to the start of the Substandard Building Board meeting. C. ACTION ITEMS C.1 Approval of minutes of the September 13, 0 Substandard Building Board Meeting. C.2 The Substandard Buildinq Board members shall elect one member o the Board as Chairman and one member as Vice Chairman. C.3 SBB 2022-89 Public hearing and consideration as to 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. Tuesday, November 8, 2022 Substandard Building Board Agenda Page 1 of 3 CA SBB 2022-91 Public hearing and consideration as to whether the structures 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 are substandard within the meaning of the City's ordinances and order repair or demolition of the structures. C-5 SBB 2022-94 Public hearing and consideration as to whether the commercial restaurant structure on the property located at 6000 Rufe Snow Drive, legally described as Lot 2, Block Q, Northland shopping Addition in the City o North Richland ills, Tarrant Count, Texas is substandard within the rneaning_gf the City's ordinances, and order repair or demolition of the structure. C-6 SBB 2021-95 Public hearing and consideration as to whether the structure on the property located at 6721 Richfield Drive, legally described as Lot 5, Bock 2 of the Richfield Subdivision in the City o North Richland_ ills, Tarrant County, Texas is substandard within the, meaning of the City's ordinances and order repair or demolition of the structure. C.7 SBB 2022-96 Public hearing and consideration as to whether the mglfi-_farNily_residenfiaI structure on the property located at 7800 Irish Ddyt_Iggally described as Lot 1, Block 4, ed Gate Addition in the City of North Richland Hills, Tarrant County, Texas is substandard within the meaning o the Cit�'s ordinances and order repair or demolition of the structure. C.8 SBB 2022-97 Public hearing and consideration as to whether the Multi-family Apartment Community located at 8359 North Harwood Road legally described as Lot 1 and Lot 2, Block 1, Sily rado Addition in the City of North Richland _ ills, Tarrant County, Texas is substandard within the meaning of the City's ordinances and order repair demolition of the structure. D. ADJOURNMENT Tuesday, November 8, 2022 Substandard Building Board Agenda Page 2 of 3 The Substandard Building Board may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 , Texas Government Code. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551 , Texas Government Code on Friday, November 4, 2022 by 5:00 PM. Audrey Cappallo Customer Service Assistant This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Tuesday, November 8, 2022 Substandard Building Board Agenda Page 3 of 3 MEL " H 'IM ffl%th, O&TH KICMHLAND HILLS SUBSTANDARD BUILDING BOARD MEMORANDUM FROM: The Neighborhood Services DATE: November 8, 2022 Department SUBJECT: Approval of minutes of the September 13, 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 September 13, 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 SEPTEMBER 13, 2022 The Substandard Building Board of the City of North Richland Hills, Texas met on the 13t" day of September 2022 at 6.00 p.m. in the Council Workroom. Present: Daniel Caulkins Place 1 John Cope Place 3 Michael Gist Place 4 Jeff Arwine Place 5 Brian Crowson Place 6, Chairman Robert McCary Place 7 Absent: Bill Wait Place 2 Staff Members: Stefanie Martinez Director of Neighborhood Services Thomas McMillian Assistant City Attorney Audrey Cappallo Executive Secretary Rayneice Horne Code Compliance Officer Matthew Hall Code Compliance Officer Jennifer Veber Public Safety Technology Specialist Lt. Warren Egerton Police Department Sgt. Robert McEachran Police Department A. CALL TO ORDER Chairman Crowson called the meeting to order at 6.01 p.m. Before proceeding forward, Chairman Crowson sworn in Stefanie Martinez, Rayneice Horne, Matthew Hall, Jennifer Veber, Will Wright, Peter Knapp, Amy Waugh Moss, Tanner Moss, and Bo Hyltin. 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. Substandard Building Board Meeting September 13, 2022 Page 1 of 20 Chairman Crowson informed the Board that no one had signed up to speak during public comments. C.1 APPROVE OF MINUTES OF THE JUNE 14, 2022 SUBSTANDARD BUILDING BOARD MEETING. MR. ROBERT MCCARY MOVED TO APPROVE THE MINUTES OF THE JUNE 14, 2022, SUBSTANDARD BUILDING BOARD MEETING. MR. DANIEL CAULKINS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 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 HILLS, TARRANT COUNTY, TEXAS IS SUBSTANDARD WITHIN THE MEANING OF THE CITY'S ORDINANCES AND ORDER REPAIR OF THE STRUCTURE. APPROVED Chairman Crowson called on Stefanie Martinez, Director of Neighborhood Services, to present the case. Ms. Martinez informed the Board that this property was continued from the last meeting in June meeting as per request from the property owner's son and his attorney to give them time to complete heirship affidavits so the property could be placed in the son's name. The owner is deceased and has been for a number of years. He may have passed away out of the country. This is why the Board had given them 60 days continuances so that they could get that clarified. We are back here as that hasn't been accomplished. The property still remains in violation. The city hasn't heard or found any documentation showing the property ownership has been transferred. The owner's son is here. Ms. Martinez presented several photos of the property showing damaged to the shutters, damaged to the roof line, garage doors and fault weather protection through the property. Updated photos presented showed no improvements have been made to the property. The property still remains in violation. 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. Jose Ortiz, the property owner son, stepped forward. Mr. Ortiz asked for more time. He stated his mom is trying to get help from Tarrant County with the roof and the other things to bring the property to code but she is on waiting a list. He stated that Tarrant County told him that she is pretty much approved. He also working on getting a loan to Substandard Building Board Meeting September 13, 2022 Page 2 of 20 get this taken care of. His mother had told him the house was in her name but once they got the attorney, they found out the house wasn't in her name. He is the only child. He has two jobs and trying to save money as he might have to make a trip to Puerto Rico to get a copy of his father's birth certificate. He had a family member that was going to Puerto Rico and was going to get the birth certificate but they are not in good health so he might have to go himself to get it. Chairman Crowson asked how long he has been living with mom. Mr. Ortiz replied about 5 years as he is going through a divorce. He bought a house in Saginaw, and he isn't living there anymore. His mother fell and injured her hip. She hasn't been able to be by herself, so he has been caring for her. The damage on the front of the house was caused by a tree that fell, and he discovered at that point that the house had no insurance. He is having a hard time getting a loan as the house isn't in his name. Ms. Martinez informed that this in the first time we have heard from Mr. Ortiz since the last meeting. We weren't aware of anything that was just stated. It is possible Mr. Ortiz did apply for a Home Funds with Tarrant County. There is a long waiting list and something times that can take over a year. Chairman Crowson asked Ms. Martinez doesn't North Richland Hills have an Urban Development program. Ms. Martinez replied that the City of North Richland Hills partners with Tarrant County on the Home Funds, so we do assist with that if she goes get approved for that. The city does have the Neighborhood Initiative Program and we provided that documentation to Mr. Ortiz months ago before we considered bringing them to this hearing and those documents were never followed up on. We also didn't have the proper ownership information at that time. We would be willing to extend help, but she didn't they could help to replace an entire roof and that is just from the exterior. We don't know if there is any damage to the interior now that he stated a tree fell on it. There are some things that property owners can't qualify for assistance from the city. Chairman Crowson asked if the only problem the city has is the exterior. Ms. Martinez replied correct, only the exterior. We do believe the roof is leaking due to the damage, but we haven't been able to access the interior as property is occupied. Staff is willing to work with them as the Board gave them 60 days and here we are after the 60 days and we are still at the same point where they are asking for more time. 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 the property to be a substandard 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 fail to bring the property into compliance, the city should be authorized to bring the property owner back before the Substandard Building Board to request a civil penalty. Substandard Building Board Meeting September 13, 2022 Page 3 of 20 Chairman Crowson closed the public hearing. MR. ROBERT MCCARY MOVED TO ENTER THE FOLLOWING ORDER FOR SBB 2022-88 DETERMINING THE PROPERTY LOCATED AT 6636 BROOKSHIRE TRAIL LEGALLY DESCRIBED AS L02 BLOCK 6 OF THE NORTH PARK ESTATES ADDITION IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS THAT THE SINGLE FAMILY RESIDENTIAL STRUCTURE IS 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 30 DAYS; AND ALL REPAIRS TO THE STRUCTURE MUST BE COMPLETED WITHIN 30 DAYS. IF THE OWNER FAILS TO COMPLY FULLY WITH THIS ORDER, THE CITY MAY BRING THIS PROPERTY BACK TO THE BOARD AND REQUEST CIVIL PENALTIES BE ASSESSED IN ACCORDANCE WITH THE CHAPTER 98, SECTION 98-470. THE CIVIL PENALTY REGARDING THE SUBSTANDARD VIOLATION MAY BE ASSESSED AT THE RATE OF $10.00 PER DAY WHICH THE PROPERTY REMAINED IN VIOLATION BEYOND THE COMPLIANCE DATE ESTABLISHED IN THE BOARD'S ORDER. MOTION TO APPROVE CARRIED 6-0. 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, 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. APPROVED 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. Substandard Building Board Meeting September 13, 2022 Page 4 of 20 • 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. • 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. • June 14, 2022 - The case was presented to the SBB. The owner appeared and explained that she was in the process of selling the property to investors before the bank sold it at auction. A representative from the lienholder stated he believed the sale had been approved as well. At that time the Board continued the case for 30 days to allow time for transfer of ownership of the property. • August 23, 2022 - Hall observed some cleanup that has taken place on the outside but there are still some items out in the yard and driveway. Also, the back two sliding glass doors appear to have been broken open. A blue tarp has been placed over the openings. The second story window remains open and the rotten wood remains on the structure. All violations remain with no compliance. Photos were taken. Ms. Martinez presented several photos of the property. Photos included: Substandard Building Board Meeting September 13, 2022 Page 5 of 20 • 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 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. • Photos taken on August 23, 2022 when Officer Hall met the property owner on site. You can see a piece of furniture out on the side yard. The siding yet to be replaced or repaired. Sliding door damage with a tarp over it but hasn't been repaired. Additional furniture outside. The window remains open and the front of the house where high grass and weeds are beginning to grow out. 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. Substandard Building Board Meeting September 13, 2022 Page 6 of 20 • 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. 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. Will Wright stepped forward. Mr. Wright provided his address. He is representing 419 properties. They have entered into a contract with Miss Deneen, seller, in June. After the initial June meeting, the title is open. She had previously filed for bankruptcy. It was his understanding, that the first lien, the bank worked with her on the payout program. However, there's a second lien in place with New York Bank of Mellon. They have been unable to get in contact and their title company has been unable to get in contact with them to release the lien or present a final payoff. Therefore, they are unable to get clear title and have had an inability to close. Their desire is to purchase the property, rehab it and get back above standards. He is in a difficult position because financially she's unable to do any repairs on the property and because they are not an owner and they cannot get a clear title. They received notice on this as well as they have a memo filed and he is there just as a representative buyer. They are working with a local company that will be taking this over as a rental. Essentially because we can't get clear, the title is clouded their hands are tide. Chairman Crowson asked Mr. Wright if the owner was present. Mr. Wright replied no. He stated that he spoke to her that day and told her that he would be attending the meeting. She met with, he believed Mr. Hall on the 23rd and she cooperated with him by letting him take pictures of the property and she is in full cooperation. However, like he stated earlier, financially she isn't in a position that she can do any repairs at the moment. His hope is that they can have this wrapped up soon and if for some reason the second title cannot get cleared, they encourage her to start a suit quiet title essential, which could take another 90 days or so. Chairman Crowson asked Mr. Wright who is maintaining the property right now. Mr. Wright stated she is. Chairman Crowson asked if she was the one that cleaned up the property. Mr. Wright replied yes. She does still have stuff there in storage but he was told that she moved the remained of that stuff out and the grass had been mowed. Chairman McCary asked if anyone is living at the property. Mr. Wright responded no, sir. It is vacant. He believed the property had been vacant for a while. Chairman Crowson called Mr. Peter Knap to step forward. Mr. Peter Knapp informed the Board that he represents the Iienholder, the mortgage company on the property. Fortunately, it's the first mortgage holder, not the second mortgage holder. Mr. knap Substandard Building Board Meeting September 13, 2022 Page 7 of 20 stated he didn't have much to add from what the Board just heard from Mr. Wright. He did reach out to his client, and they are, just in case, they are preparing bids if they have to step in and make repairs, if they feel that they are authorized and they are able to do so since they technically do not own the property either. Chairman Crowson asked if the mortgage company can do that. Mr. Knap replied it is somewhat clouded whether they could actually step in as a nonowner based on the deeded trust but they are preparing to do so. If they get the green light to do so, they're preparing bids right now for that. Chairman Crowson asked if Mr. Knap knew anything about the title situation. Mr. Knap replied no, not until now. It sounds like they need to track down the second mortgage, get them to provide a payoff quote. Mr. Wright replied their goal is to pay it. Chairman Crowson closed the public hearing. The Board discussed different timeframe and options regarding demolition. MR. DANIEL CAULKINS MOVED TO ENTER THE FOLLOWING ORDER FOR SBB 2022-89 DETERMINING THE PROPERTY LOCATED AT 6809 DRIFFIELD CIRCLE WEST LEGALLY DESCRIBED AS LOT 16, BLOCK 1 OF THE WINDSOR PARK ADDITION IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS THAT THE SINGLE FAMILY RESIDENTIAL STRUCTURE IS HEREBY FOUND TO BE A SUBSTANDARD BUILDING 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. ROBERT MCCARY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. CA 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. APPROVED Substandard Building Board Meeting September 13, 2022 Page 8 of 20 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 7408 Bursey Road. The property is zoned R-1-S. Ms. Martinez provided the Board with an overview of action taken to date for the structure located at 7408 Bursey Road. • April 20, 2020 — This case was initiated. Officer Brian Thomas observed high grass/weeds, but was unable to confirm the stagnant pool, and a door hanger was left. • April 27, 2020 — Officer Matthew Hall made contact with the deceased property owner daughter, Amy Moss via phone. He explained the reported issues on the property and that the notices for observed issues would be mailed. He also explained to her that he would need to verify the other non-observed reported issues that are located behind the front set back, such as the pool and trash in rear yard. • April 28, 2020 — Officer Hall observed an accessory structure in the rear of the property to be vacant and open, substandard structures, low hanging tree limbs, overgrown shrubs, accumulation/outside storage and stagnant pool. Notices of violations 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 requesting an update. 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 both violations had been abated. • June 9, 2020 — 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, the swimming pool was stagnant with some progress the grandson, Tanner Moss had pumped over 30,000 gallons of water out. Tanner also had placed mosquito dunks in the water. The accumulation/outdoor storage had been abated. • July 30, 2020 — Officer Hall spoke with Tanner Moss in regards to the stagnant pool due to recent rain we had, and Tanner confirmed that he was in the process of draining the pool again. • August 4, 2020 — Officer Hall confirmed the pool had been drained of the stagnant water. • June 9, 2021— Officer Hall spoke with the deceased owner's grandson, Tanner Moss and informed him that the grass needed to be mowed again in addition to questions about the pool status and open entries. Substandard Building Board Meeting September 13, 2022 Page 9 of 20 • June 23, 2021— Officer Hall was allowed to complete a limited 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. • June 23, 2021 continued — Mr. Moss was also informed to secure two open doors at rear, mow the rest of the grass, and remove the trash and debris on the property. Mr. Moss advised he would work on the location. • October 12, 2021 — Hall observed that violations remained at the property, with the exception of the high grass and weed violation which was now in compliance. • June 15, 2022 — Hall observed some cleanup had taken place since the previous inspection, however, an appliance remained stored on the side rear yard along with some litter and debris still present near the carport. Hall also observed a coyote exit the rear of the premises and notified Animal Services of this sighting. Hall also noted that there were holes in the wooden soffits near the roofline at the east side portion of the structure and visible from the front yard. Overgrown trees and some dead limbs and branches hanging from trees in the front yard were also observed. • 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. The main structure exhibited electrical wiring violations, exposed plumbing, rotten/broken/missing interior walls & sheet rock, damaged and and rodent infestation. Wildlife was also 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 also observed at the rear of the two story addition. • July 19, 2022 - Officer Hall observed progress regarding the cleanup of the property. Mr. Moss informed staff that the family would be placing the property for sale. The lot has been cleared of a lot of vegetation and 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 substandard conditions remained at the property with no changes observed; photos were taken. Property is listed online for sale. Ms. Martinez presented several photos of the property. Photos included: • Photo of the Notice and Order posted at the residential property. Substandard Building Board Meeting September 13, 2022 Page 10 of 20 • Photo Notice of Hearing posted at the residential property. • Photo taken of the accumulation. Photo taken August 23, 2022 by Code Officer M. Hall. • Photo taken of the accumulation on the back of the property. Photo taken August 23, 2022 by Code Officer M. Hall. • Photo taken of the accumulation of litter, trash/debris, wood and several miscellaneous items stored on the property. Photo taken August 23, 2022 by Code Officer M. Hall. • Photo taken of the side front of the property. Photo taken August 23 by Code Officer M. Hall. • Photo taken of the second floor decking on the exterior of the main structure at the rear/eastern side has rotten wood and not stable. The staircase had rotten/broken wood, and about 50% of the railing was missing. Photo taken June 24, 2022 by Code Officer M. Hall. • Photo taken of exposed electrical wiring, exposed plumbing, rotten, broken, and missing interior walls and sheet rock. Photo taken June 24, 2022 by Code Officer M. Hall. • Photo taken of the damaged sheet rock and ceiling. Photo taken June 24, 2022 by Code Officer M. Hall. • Photos taken of the cracks on the exterior wall. Photo taken June 24, 2022 by Code Officer M. Hall. • Photos taken of the interior wall with existing biological growth. Photo taken June 24, 2022 by Code Officer M. Hall. • Photos taken of the debris from ceiling damage. The sheet rock failure, water damage to the windows and walls. Photo taken on June 24, 2022 by Code Officer M. Hall. • Additional photos taken on August 23, 2022 showing that the structure still remains substandard. Chairman Crowson asked the Board if they had any questions for the city. Chairman Crowson opened the public hearing. Ms. Martinez advised the Board that before she present Staff recommendation, she will defer as the property owners are here. Chairman asked for anyone wishing to speak on the item to come forward. Mr. Tanner Moss stepped forward. Mr. Moss provided his address. Mr. Moss informed the Board that he wants to go back to the beginning of the observation. It appears many of the these observation in the presentation were taken care of very soon or right after we were notified that something was wrong. It appears that some sort of continuation of constant drive by in front of my house continued to happen, even though things were Substandard Building Board Meeting September 13, 2022 Page 11 of 20 fixed. Every single time except for one in this report. He does want to make a correction that the pool was pumped out. The Pool was pumped out multiple times. Almost every time that it was rained, it was pumped. He does acknowledge that rainwater does go in the pool and need to be taken care of. It did take, in his opinion, probably too long to get to where they needed to get to. Looking back towards around October 21st when they got their first tree violation due to the low hanging trees that were near the sidewalk, those were taken care of, immediately. He went out there and cut them up himself. He cut the grass. A search warrant was obtained was why or how that was obtained, he doesn't know but he will be pully some records on that. He was working with everyone to get things completed but there was a search warrant noted. There is definitely some stuff inside that's probably not the prettiest or correct. He knows that people probably shouldn't be in there. It shouldn't be accessible so they will put a lock on it. The recent work that was complete, the entire front and back of the property were completely cleaned up. They rented a forestry attachment. They shredded probably 99% of the whole property except for the large oak trees and things of that nature. The washing machine that was in the back was picked up. The backyard is completely picked up. There is still a John Deere mower that is in the back. The photos in the presentation are not the most updated photos. At the end of this report, there are some photos from today. Those photos show that everything has been picked up. It does appear in those photos that the grass does need to be mowed and that will be taken care of. As far as substandard, the steps and missing railing are a fall hazard. He understands that. People shouldn't be there, and they shouldn't be trespassing. It is probably something that could be repaired. The property is up for sale. I've got it listed about. It is listed but will probably come down on it this month and see if we can't get it sold. He doesn't believe that 30 days is remotely the right amount of time to get the interior done. To his knowledge the exterior 100% done. They spent probably $10,000 getting that done. He does think he will need more time to finish the stuff inside that will be probably get bulldozed when it gets sold but the exterior is completed. The pool was pumped out again last week. He is requesting extra amount of time so he can sell it and not have to put forth $152,000 to do anything to the interior. Chairman Crowson asked Mr. Moss how long the property has been vacant. Mr. Moss replied the property has been completely vacant for about two years. Chairman Crowson asked Mr. Moss when his grandmother passed away. Mr. Moss replied she is still living. His grandfather passed about 8 or 9 years ago. They transferred all the properties into a general partnership with his mom and himself so they could take better and my mom so we could take care of them better. Chairman Crowson asked the Board if they had any questions. Mr. Caulkins asked Mr. Moss if it was there plan to not let anyone occupy the property until it is ultimately sold. Mr. Moss replied that is correct. The house is in no state to be lived in. Ms. Amy Moss stepped forward. Ms. Moss provided her address. Ms. Moss stated the house was bought about 20 years ago and so. This is where Tanner was raised before he moved off to college and business called and she moved to Dallas. Like Tanner stated we have reached the point of it is time to sell regardless of what state the property is in. It is just time to sell. It really doesn't make sense to redo all the drywall in Substandard Building Board Meeting September 13, 2022 Page 12 of 20 the kitchen if somebody is just going to bulldoze it and rebuild something. She asked the Board for more time. Chairman Crowson closed the public hearing. Ms. Martinez informed the Board that staff does recognize that it would take more than 30 days to repair the structure, but she stated that the ordinance and the statute both say that the owner, lienholder or mortgagee shall not be allowed more than 90 days to repair, remove or demolish the building or fully perform the work required to comply with the order unless the owner, lienholder or mortgagee (a) submits a detailed plan and time schedule for the work at the hearing and (b) establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work. Staff would entertain a longer order, a longer time frame, but we would need something in writing per the statute in the ordinance. Chairman Crowson asked Ms. Martinez from the homeowner. Ms. Martinez replied yes, or lienholder or mortgagee. Mr. John Cope stated to Mr. Moss that what he really wanted was more time to market the property. He wants to satisfy the Board just enough but he is really looking to sell the property. And to do that for the best value he wants more time than 30 days. Mr. Cope asked Mr. Moss if he was right about that. Mr. Moss replied if he got a reasonable offer tomorrow, he would sell the property but that wasn't the necessarily the plan. It has only been on the market little over 30 days. The extensive repairs to the inside would be very costly and time intense. He has been building quite of bit of house in Dallas. He does know about remodeling buildings. No, he is not trying to buy time. He would do what the Board requests but he would like to sell as quick as possible. Ms. Moss informed the Board that the original plan was Mr. Moss wanted to come back to North Richland Hills and tear down the house and rebuild. He wanted to redevelop our property and the property next door as the owner passed away. This plan just became a recent plan with all the stuff they have going. It's just time to sell. Chairman Crowson asked Mr. Moss if he was a contractor. Mr. Moss replied yes, sir. Chairman Crowson asked Ms. Martinez if her recommendation would to bring the property up to standard on the exterior or/and the interior. Ms. Martinez replied that staff was going to recommend that the property be completely brought up to minimum standards both on inside and outside. Mr. Caulkins asked if it would be possible to unlink the exterior and interior problems. Ms. Martinez replied she doesn't know if they can separate those because what they look at is the entire structure. They can't just make the interior repair then leave the exterior and vice versa, so it would have to be completed. The complete renovation so that it could be occupied again. That is what we are looking at. She is not aware of partial showing on the outside, especially in the residential area. The Board discussed different timeframe options. MR. DANIEL CAULKINS MOVED TO ENTER THE FOLLOWING ORDER FOR SBB 2022-92 DETERMINING THE PROPERTY LOCATED AT 7408 BURSEY ROAD LEGALLY DESCRIBED AS Substandard Building Board Meeting September 13, 2022 Page 13 of 20 BLOCK 1, LOT 11 OF THE OAK RIDGE ESTATES 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 45 DAYS; AND ALL REPAIRS TO THE STRUCTURES MUST BE COMPLETED WITHIN 60 DAYS; OR IF THE STRUCTURE IS NOT REPAIRED WITHIN 60 DAYS, THE STRUCTURE SHALL BE DEMOLISHED AND ALL DEBRIS REMOVED FROM THE PROPERTY. IF THE PROPERTY OWNER FAILS TO BRING THE PROPERTY INTO COMPLIANCE WITHIN THE ALLOWED TIMEFRAME, AUTHORIZE THE CITY TO ENTER THE PROPERTY AND ABATE THE NUISANCE TO INCLUDE THE DEMOLITION OF THE STRUCTURES AND ASSESS THE COST OF SUCH ACTION AGAINST THE PROPERTY WITHOUT ANY FURTHER NOTICE GIVEN TO THE OWNER. THE COSTS, TOGETHER WITH INTEREST ACCRUING AT 10% PER ANNUM, WILL BE ASSESSED AS A CHARGE AGAINST THE LAND AND A PERSONAL OBLIGATION OF THE OWNER. IF THE CITY IS NOT PROMPTLY REIMBURSED FOR ITS EXPENSES, THE CITY WILL PLACE A LIEN ON THE PROPERTY FOR THE AMOUNT OWED PLUS ANY ACCRUED INTEREST. MR. BILL WAIT SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. C.5 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. 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 8851 Boulevard 26. Ms. Martinez provided the Board with an overview of action taken to date for the structure located at 8851 Boulevard 26. • February 16, 2022 - Cases were initiated when violations were confirmed. Officer Rayneice Horne, Officer Debbie Heizer, and NRHPD inspected the property known as 8851 Boulevard 26 also known as 8735, 8859 and 8867 Boulevard 26. This property is the former Mountasia Family Fun Center. The location is now permanently closed. The group identified several code violations during the inspection. Photos were taken of all the violations. • February 17, 2022 — Officer Horne emailed and mailed the notices of violation to ProParks, the property management and ownership, informing them that the Substandard Building Board Meeting September 13, 2022 Page 14 of 20 vacant and open violation required immediate resolution. The deadline to comply was Monday February 21, 2022. • February 28, 2022 — Officer Horne observed the doors and windows had been secured; photos taken confirming the secured structures. • March 25, 2022 — Officer Horne observed some progress. However there has been no contact from the property owner; photos were taken. • July 21, 2022 — Officer Horne observed the property and the code violations remain; photos were taken. No violations were observed on the section of property addressed as 8735 Boulevard 26 (three canopy structures). • August 2, 2022 — Notices and Orders were mailed certified and regular mail to the property owner. • August 9, 2022 — Green Certified Mail Signature Card signed as received at owner's address. • August 23, 2022 — Notice of Hearing posted at the property. Horne observed the building(s) remain secured and the code violation still remains, photos taken. Ms. Martinez presented several photos of the property. Photos included: • Photo taken of the accumulation of trash/debris, litter, and all other miscellaneous items including a pallet in this photo. Photo taken February 16, 2022 by Code Officer R. Horne. • Several photos taken of the broken glass, trash/debris, litter, and all other miscellaneous items stored in the kiosk area. Photo taken February 16, 2022 by Code Officer R. Horne. • Several photos taken of the interior with damaged items, trash/debris, litter, and all other miscellaneous items stored. Photo taken February 16, 2022 by Code Officer R. Horne. • Photo taken of the water feature holding water. Photo taken February 16, 2022 by Code Officer R. Horne. • Photo taken of the damaged/broken go-karts, trash/debris, litter, and all other miscellaneous items. Photo taken February 16, 2022 by Code Officer R. Horne. • Photo taken of the piles of tree limbs, trash/debris, and litter on the exterior of the property. Photo taken February 16, 2022 by Code Officer R. Horne. • Photo taken of the damaged HVAC, ceiling tiles, and stripped electrical wiring. Photo taken February 16, 2022 by Code Officer R. Horne. • Photo taken of damaged doors, broken glass from doors, and damaged interior walls. Photo taken February 16, 2022 by Code Officer R. Horne. • Photos taken on September 13, 2022 shows boards have been placed at the front door, board placed in the kiosk area but there are some glass shards still Substandard Building Board Meeting September 13, 2022 Page 15 of 20 around the outside. The interior shows items being hauled off. The brush has been removed. Ms. Martinez advised the Board that before she present Staff recommendation, she will defer to the owner. She also informed the Board that the North Richland Hills Police Department is here to speak to all the have of there dealing with the property. Chairman Crowson opened the public hearing. Mr. Bo Hyltin stepped forward. He provided his address. He is the Director of Operations for this park and other properties around the country. His role is the Director of ProParks. He is the owner's son as well. He was the Director of Operations with this park when it was open and he did see the closeout and the transition of moving out other assets from the property to other properties. He is the property manager as far as overseeing the day-to-day of maintaining the property. He does live in Orlando and he does have assistance here. They do manage Hawaiian Falls and they are out of season now, so they are checking in on the property once a day. As far as the issues in the letter regarding debris, like Ms. Martinez stated earlier, they do have a full team on site clearing everything they can. All hard attractions that were inside and anything that was outside we are looking at removing immediately, if it's not done already. As far as the fencing, all the fencing is in place. The only section that has not been maintained yet or fixed is the swing gate that leads into where the attractions were. They had flatbed trucks in there and until they can have everything removed, they didn't want to cause any damage. They do have a have a landscaping crew hired. They are there several times a week maintaining the landscaping. The interior is not open to public but that doesn't mean they are not looking at bring it up to code and into compliance. They are a business and are looking at different options as far as what they are going to with the property in the future. One option is to maintain the property and reopen it. The second option is to sell the property. They do have a potential buyer interested in the property. Their focus right now is to fix the issues at hand but those are two options. They want their interest to be aligned with the city and fix those violations at hand, but we also have potential buy that would bring great interest for the city as well. He believes any changes to structures or plans to the structures could be a hindraants to sell of the property. Chairman Crowson asked Mr. Hyltin how long had the property been closed. Mr. Hyltin replied since November of last year. Chairman Crowson commented that property had gone down fast. Mr. Hyltin replied that vandals got in there and ripped out every piece of electrical as far as the lighting and the alarm system. They have been basically swimming upstream to get things back on track. As far as getting things integrated, they just got lighting reinstalled inside the building. They are looking to continue to add all systems throughout the whole building as well as security in place. Chairman Crowson asked Mr. Hyltin just to clarify you are looking at either selling the property or refurb it and reopening, is that correct? The want to refurb and reopen, which is primarily their first goal. If they can sell in the matter of improvement the property, then they want to do as well. Chairman Crowson asked Mr. Hyltin if he had a plan on how to bring the property back up to minimum standards. Mr. Hyltin asked Chairman Crowson for guest operations or for city code. Chairman Crowson replied per city code. Mr. Hyltin replied they are Substandard Building Board Meeting September 13, 2022 Page 16 of 20 working with the city as needed as far as the violations at hand and addressing them as we get them. They have vendors on site. They are looking at maintaining the inside. They will fix any damages on the interior. As far as a plan, they are gradually there every day on site maintaining the site. The pictures from February are different from what the property looks like now. Mr. Gist asked Mr. Hyltin when did having people on site daily start. Mr. Hyltin replied about a month ago. Mr. Gist asked if they are going 7 days a week. Mr. Hyltin replied they are stopping by once a day. Mr. Gist asked so they are not physically on the property, they are just checking in on it. Mr. Hyltin replied there is no point in having them hanging out on site. They do have cameras on site. They do have someone watching the camera and can be onsite immediately. Mr. Gist asked from a secure standpoint, people can still just walk into it right now. Obviously, the doors are boarded and windows are boarded. but people can roam around there or is it secure. Mr. Hyltin replied it is secured but if someone wants to jump a fence, they can do that. Mr. Caulkins asked if there are any explanation as to how the ball got dropped, where we are having to talk about this property at this point. Mr. Hyltin replied ultimately the power was shut off at one point, which is where we are at now. Mr. Caulkins ask if it was due to a bill not being paid or did the electric company make a mistake. Mr. Hyltin replied it was out of his control that it got shut off and he had a former manager that wasn't doing his job. Its unfortunate was happening. Lieutenant Warren Egerton the North Richland Hills Police Department stepped forward. As much as they try to patrol the area there is a lot of trouble there. No one is there. It's vacant. It attracts people, normally teenagers. They are attracted there to break stuff. People break in to steal wiring and things like that. But we also had trespassers into NRH2O which is right next door. Graffiti on the walking trails that Police had to deal with, address and abate. It becomes a manpower drain for the Police Department because just since November of 2021, 167 times they have had officers conduct an officer initiated detail which is more than just patrolling around. They are actually there checking on it and doing something. Last Sunday, they caught three teenagers that were inside building. They ran but they were caught. They are not the first people we've caught. We've caught several teenagers the last few months. I think you alluded there was some point of contact for us, but until recently we weren't prosecuting them. Those that ran from us actually had other additional charges so we prosecuted them anyways. But these are the kind of things we're concerned about. It's deteriorating quickly. It is starting to affect the neighborhood around it. Chairman Crowson asked if there has been any problem with Sonic because of the property. Lt. Egerton replied he isn't aware of any problems with the Sonic. Mr. Hylltin asked Lt. Egerton if he has seen a decrease in activities in the last month. Lt. Egerton replied well we just had the issue with the teenagers on Sunday. There has been a great deal of activity there. The owners are working on that. Chairman Crowson asked if any injuries to anybody at the property. Lt. Egerton replied not that he was aware of. they are working on that. I just know we have had Colonel trespassers jumped the fence at night into NH2O. Yeah. Yeah. Is there a perimeter fence around this? Substandard Building Board Meeting September 13, 2022 Page 17 of 20 Mr. McCary asked if there is a perimeter fence around the business Lt. Egerton replied the business itself has a perimeter fence and then there's the parking area where the Sonic is. NRH2O also has a perimeter fence and behind NRH2O is where you get onto the walking trails. Chairman Crowson asked the Board if they had any questions. Ms. Martinez advised the Board that Staff recommends that the Substandard Building Board find the property to be a public nuisance. The Board has heard from the Police Department. People continue to get in there. It's continues to be vandalized. Although this was identified back in February, we didn't see a lot of activity start until the last few weeks and really a lot of it over the last week. This entire property got cleaned within this last week. That says a lot that they finally got it done, but just hate that they waited since February to get to that point. • The items and conditions identified in violation of Chapter 34, Section 34-33 be removed within 30 days. • If the owner fails to comply with such order, authorize the City to enter on to the property, abate the nuisance, 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 $35,000.00 which is $1,000.00 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 August 2, 2022 and received on August 9, 2022. Ms. Martinez advised the Board that Staff recommends that the Substandard Building Board find all structures on the property to be substandard and order that: • All required permits be obtained within 15 days of the board order. • The buildings be repaired within 30 days of the board order. • If the property owners fail 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 into compliance, the city should be authorized to bring the property back before the Substandard Building Board to request a civil penalty. Chairman Crowson closed the public hearing. Chairman Crowson asked the Board if anyone had any questions. MR. DANIEL CAULKINS MOVED TO ENTER THE FOLLOWING ORDERS FOR SBB 2022-93 DETERMINING THE PROPERTY LOCATED AT 8851 BOULEVARD 26 ALSO KNOWN AS 8735, 8859, AND 8867 BOULEVARD 26 LEGALLY DESCRIBED AS BEING A PORTION OF LOT 3R1 AND ALL OF Substandard Building Board Meeting September 13, 2022 Page 18 of 20 LOT 4R, BLOCK 2, WALKER BRANCH ADDITION IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS COMMERCIAL ZONED PROPERTY 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 WITHIN 14 DAYS; AND IF THE PROPERTY OWNER FAILS TO BRING THE PROPERTY INTO COMPLIANCE WITHIN THE ALLOWED TIMEFRAME, AUTHORIZE THE CITY TO ENTER THE PROPERTY AND ABATE THE NUISANCE TO INCLUDE THE 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 $35,000.00 WHICH IS $1,000.00 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 AND RECEIVED ON AUGUST 9, 2022. MR. JOHN COPE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. MR. DANIEL CAULKINS MOVED TO ENTER THE FOLLOWING ORDERS FOR SBB 2022-93 DETERMINING THE PROPERTY LOCATED AT 8851 BOULEVARD 26 ALSO KNOWN AS 8735, 8859, AND 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 THAT THE COMMERCIAL 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 AND THE CONDITIONS IN VIOLATION SHALL BE REPAIRED WITHIN 30 DAYS. IT IS HEREBY ORDERED ALL REQUIRED PERMITS BE OBTAINED WITHIN 15 DAYS; AND ALL REPAIRS TO THE STRUCTURES MUST BE COMPLETED WITHIN 30 DAYS. IF THE PROPERTY OWNERS FAIL TO BRING THE PROPERTY INTO COMPLIANCE, THE CITY SHOULD BE AUTHORIZED TO BRING THE PROPERTY OWNER BACK BEFORE THE SUBSTANDARD BUILDING BOARD TO REQUEST A CIVIL PENALTY. A CIVIL PENALTY MAY BE ASSESSED AGAINST THE PROPERTY FOR FAILURE TO REPAIR THE STRUCTURES WITHIN THE ALLOWED TIMEFRAME IN ACCORDANCE WITH CHAPTER 98, SECTION 98-470. THE PENALTY MAY BE ASSESSED AT $1,000.00 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 AUGUST 2, 2022 AND RECEIVED ON AUGUST 9, 2022. MR. ROBERT MCCARY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. D. ADJOURNMENT Chairman Crowson adjourned the meeting at 7.31 p.m. Brian Crowson, Chairman Substandard Building Board Meeting September 13, 2022 Page 19 of 20 ATTEST: Audrey Cappallo, Executive Secretary Substandard Building Board Meeting September 13, 2022 Page 20 of 20 IrLp NOKTH KICHLAN HILLS SUBSTANDARD BUILDING BOARD MEMORANDUM FROM: The Neighborhood Services DATE: November 8, 2022 Department SUBJECT: Election of Chair and Vice Chair PRESENTER: Stefanie Martinez, Director of Neighborhood Services SUMMARY: The Substandard Building Board members shall elect one member of the Board as Chairman and one member as Vice Chairman. GENERAL DESCRIPTION: The Chairman shall preside at all meetings, shall decide all points of order or procedure, and, as necessary, shall swear in witnesses or compel their attendance. In the absence of the Chairman, the Vice-Chairman shall act in the Chairman's absence and shall have the same authority as the Chairman. RECOMMENDATION: Substandard Building Board Members elect Chair and Vice Chair. "K NOKTH KICHLAND HILLS SUBSTANDARD BUILDING BOARD MEMORANDUM FROM: Neighborhood Services DATE: November 8, 2022 Department SUBJECT: SBB 2022-89 Public hearing and consideration as to 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 will present evidence to the Board at the November 2022 hearing to explain that although the property has previously been brought before them several times, it remains in violation. The property did transfer ownership on Monday, October 24, 2022 and therefore the previously scheduled October 25, 2022 hearing was rescheduled to the November hearing so that the new owner could be properly notified. In that time staff has worked with the new owner to create a detailed plan of action to complete all the repairs within and bring the single-family residential structure into compliance 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. • 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. "K NOKTH KICHLAND HILLS • 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. • September 29, 2022 — Director Martinez visited the property. The owner and another potential buyer were present signing a contract to purchase the property. • October 19, 2022 — Director Martinez was contacted by a title company informing her that the property was scheduled to close that week and a new buyer would be taking possession of the property. "K NOKTH KICHLAND HILLS • October 24, 2022 — Director Martinez was informed by both the title company and the new ownership firm that the property had indeed transferred hands. The new owner was informed that the case was scheduled for the November 8, 2022 meeting and that a detailed plan of action to bring the property back into compliance would have to be presented to the Board if they requested more than 90 days to repair the structure. Minimal work has been accomplished in nearly 2 years since the inception of these cases. City staff is hopeful that the new ownership will move forward with the repairs of the structure and make it a livable structure again. ANALYSIS ....... L. I IVLG iIIi.I . , µ G em_ - �A I.1 , U n ............ . . ...... .... G 1_ . STAFF RECOMENTATION Staff recommends that the Substandard Building Board find the structure on the property located at 6809 Driffield Circle West to be substandard. D222255684 10/25/2022 09:23 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 October 25, 2022 Certified/Return Receipt Requested (7017 2620 0001 0374 6318) Breckenridge Property Fund 2016, LLC 2015 Manhattan Beach Blvd, Ste 100 Redondo Beach, CA 90278 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, November 8, 2022, at the City of North Richland Hills City Hall, 4301 City Point Drive, Council Workroom —31d Floor, North Richland Hills, Texas 76180. A public hearing will be held to consider action regarding the following substandard residential building, accessory building, and accumulation in accordance with the city's substandard building regulations, North Richland Hills Code of Ordinances, Chapter 98 and Chapter 34. Violations of city standards present at the buildings are as follows: 1. Exterior of structures have accumulation of trash and debris. 2. The fence on the property must be repaired, removed or replaced. 3. Both exterior and interior of both structures must be brought to minimum code requirements, or structures must be demolished. 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. All interested persons may appear and be heard. Failure to appear will be deemed as waiving your right to be heard and the Substandard Building Board will make their determination based 4301 City Point Drive • North Richland Hills,Texas • 76180 Phone 817-427-6663 • Fax 817-427-6667 D222255684 Page 2 of 2 NlkH Code Compliance CITY OF NORTH RICHLAND HILLS on the evidence presented. A copy of the order of the Substandard Building Board concerning your case will be mailed to you. Documentation of the conditions referred to above is on file with the Neighborhood Services Department, Code Enforcement Division at 4301 City Point Drive, North Richland Hills, TX 76180. Sinceryly, jj Stlliie Martinez, Neighborhood Selices Director Given under my hand and seal of office the;Z5-"day of October, 2022. i AUDREY CAPPALLO �2�,:• �S Notary Public, State of Texas Notary Public i and for h State of Texas Comm. Expires 02-19-2024 °,; Notary ID 126417518 My Commission Expires: Z� 5!!� 4301 City Point Drive • North Richland Hills,Texas • 76180 Phone 817-427-6663 • Fax 817-427-6667 "K NOKTH KICHLAND HILLS SUBSTANDARD BUILDING BOARD MEMORANDUM FROM: Neighborhood Services DATE: November 8, 2022 Department SUBJECT: SBB 2022-91 Public hearing and consideration as to whether the structures 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 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 structure remain substandard as described in Chapter 98 of the City of North Richland Hills' Buildings Ordinance. This case was brought before the Board in June of 2022. The owner was ordered to repair the structure within 30 days. The property remains substandard beyond the July 2022 deadline. BACKGROUND INFORMATION The property is located at 4300 Booth Calloway Drive and is zoned R- 2, Residential and has a single-family residence structure and two accessory structures. The property is located between east of City Hall and Medical City Hospital. The property is vacant and owned by Elhadi Karyem, Su Ching Karyem, Ho Yan Wong and Suo Wong. • January 7, 2021 - case initiated, violations for accumulation/outside storage confirmed. Code Compliance Officer Candice Simmons took photos and mailed notice of violation. • January 8, 2021 - Officer Simmons posted notice of violation on the front door and took more photos. • January 25, 2021- the property remains in violation, although some improvement was made. Photos taken. • February 22, 2021 —Simmons observed 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. "K NOKTH KICHLAND HILLS • 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 do 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. • 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 in 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. • May 31, 2022 — Director Martinez received an email from the property owner explaining that he has been working out of the country but cleaned the property last year only to have the son create a violation again. He also stated he would be moving back in 2 weeks. "K NOKTH KICHLAND HILLS • June 14, 2022 —The case was presented to the Board. The Board issued an order to the owner to repair the structure within 30 days. • July 15, 2022 — The required repairs were not completed at the property in accordance with the order issued in June. • October 20, 2022 — Notice of Hearing for the November 8, 2022 SBB meeting was mailed both certified and regular to the property owners. This case is being brought back before the Board due to the owner's failure to comply with the order to repair within 30 days. 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 and action did not begin until Lead Officer Horne issued a citation to the owner and the threat of a court fine was upon the owner. The owner failed to complete the repairs within the time frame ordered by the Board at the June meeting and the property remains in a substandard condition to date. ANALYSIS z� t f 1 i w i e 11 1� v f ,.. ,. f 4 .. ..,. ... ' k n W ...,. "K NOKTH KICHLAND HILLS STAFF RECOMENTATION Staff recommends that the Substandard Building Board find the structures on the property located at 4300 Booth Calloway Road remain to be substandard. Staff recommends that the Board assess Civil Penalties for failure to comply with the June 14, 2022 Order. D222252798 10/20/2022 09:31 AM Page: 1 of 2 Fee: $23.00 Submitter: Audrey Cappallo Electronically Recorded by Tarrant County Clerk in Official Public Records Xj MARY LOUISE NICHOLSON COUNTY CLERK NItH Neighborhood Services CITY OF NORTH RICHLAND HILLS Notice of Hearing - Substandard Building Board October 19, 2022 Certified/Return Receipt Requested (Cert. #7017 2620 0001 0374 6073) Elhadi M. Krayem 4300 Booth Calloway Road North Richland Hills, Texas 76180 Re: SBB 2022-91; 4300 Booth Calloway Road, legally described as Tract 1 OA04A, of the William W. Wallace Survey, Abstract 1606 in North Richland Hills, Tarrant County, Texas Notice is hereby given that a meeting of the City of North Richland Hills Substandard Building Board will be held at 6:00 PM on Tuesday, November 8, 2022, at the City of North Richland Hills City Hall, 4301 City Point Drive, North Richland Hills Texas 76180. A public hearing will be held to consider action regarding 4300 Booth Calloway Road in accordance with the city's substandard building regulations, North Richland Hills Code of Ordinances Chapter 98 as well as non-compliance with the previous Order of the City of North Richland Hills Substandard Building Board. The Substandard Building Board previously ordered the owner to comply with the attached order from June 14, 2022. To date, the property has not been brought into compliance in accordance with the order of June 14, 2022. The Board may assess civil penalties against the property owner for non-compliance of a previously issued order. Documentation of the conditions referred to above is on file with the Neighborhood Services Department, Code Compliance Division at 4301 City Point Drive, North Richland Hills, TX 76180. All interested persons may appear and be heard. Stef : e Martinez, Neighborhood Services Director Given under my hand and seal of office day of October, 2022. AUDREY CAPPALLO Notary Public, State of Texas =� Comm. Expires 02-19-2024 Notary Publi6 in and for the State 9f Texas Notary ID 126417518 My Commission Expires: -)411 Z1,262-Y 4301 City Point Drive 0 North Richland Hills,Texas 0 76180 Phone 817-427-6650 0 Fax 817-427-6667 D222252798 Page 2 of 2 NItHNeighborhood Services CITY OF NORTH RICHLAND HILLS cc: Su Ching Krayem (owner) 4300 Booth Calloway Road North Richland Hills, Texas 76180 Cert. #7017 2620 0001 0374 6080 Ho Yan Wong (owner) 4300 Booth Calloway Road North Richland Hills, Texas 76180 Cert. #7017 2620 0001 0374 6097 Suo Wong (owner) 4300 Booth Calloway Road North Richland Hills, Texas 76180 Cert. #7017 2620 0001 0374 6103 Murray Mortgage Corporation (Lienholder/Mortgagee) 2901 Brown Trail at Harwood Bedford, Texas 76021 Cert. #7017 2620 0001 0374 6110 PSD Enterprises, Inc. d/b/a The Option Company (Lienholder/Mechanic's Lien) 1325 Whitlock Lane, Suite 312 Carrollton, Texas 75006-3177 Cert. #7017 2620 0001 0374 6127 4301 City Point Drive 0 North Richland Hills,Texas 0 76180 Phone 817-427-6650 0 Fax 817-427-6667 "K NOKTH KICHLAND HILLS SUBSTANDARD BUILDING BOARD MEMORANDUM FROM: Neighborhood Services DATE: November 8, 2022 Department SUBJECT: SBB 2022-94 Public hearing and consideration as to whether the commercial restaurant structure on the property located at 6000 Rufe Snow Drive, legally described as Lot 2, Block B, Northland Shopping 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 will present evidence to the Board for consideration as to whether the commercial restaurant structure is substandard as described in Chapter 98 of the City of North Richland Hills' Ordinances. BACKGROUND INFORMATION The property is a commercial building located on the east side Rufe Snow Drive, north of the Cotton Belt Trail. The property is zoned 1-2 (Industrial). The property is owned by Gerayli Texas Properties, LLC in Laguna Niguel, California. The business is operated by Boston Market Corporation. The NRH Consumer Health inspection history for the food establishment at this location is retained to May 19, 2019. The inspection history shows that the operator has a documented history of noncompliance with instructions to repair damaged floors/walls/ceilings, issues with the HVAC system on site, and problems with electrical/plumbing on site. Notice to fix these issues was given to the operator on May 19, 2019, August 27, 2019, October 22, 2019, September 8, 2020 (Building Official gave notice through this inspection to resolve roof leaks/electrical issues on site), February 12, 2021 , February 13, 2021 (permit was temporarily suspended by Consumer Health due to broken equipment, HVAC equipment not functioning, and incoming winter storm), June 15, 2021, and June 27, 2021. In April 2022, Consumer Health Inspector Meagan Fendley made a routine food establishment inspection and observed multiple repeat issues including plumbing issues, broken equipment, damaged floor tiles, damaged interior walls, and damaged/deteriorated wood throughout the restaurant. Conditions continued to deteriorate over the following months with little to no improvement made by the business operator or property owner. Inspector Fendley issued notice to the operator about these "K NOKTH KICHLAND HILLS issues on the following dates: April 25, 2022, June 2, 2022, July 14, 2022 and July 15, 2022. On May 2, 2022 a code case was initiated by Consumer Health Officer Meagan Fendley. She observed damaged the floors, an interior wall with a hole, and damaged/rotted wood throughout the Boston Market restaurant. Officer Rayneice Horne completed a re- inspection on June 1, 2022. She observed progress, although some violations still remained. She spoke with the manager on duty in regards to when the repairs would be completed. Horne was informed they are behind on making repairs and that the notices of violation were sent to the corporate office. On June 22, 2022, Horne spoke with the manager Corina on site at the restaurant, she stated that the repairs have started and should be completed by the end of the week. Inspector Fendley temporarily suspended the permit of the restaurant on July 14, 2022 due to plumbing leaks and water filter cartridges over two years overdue for service. The facility was able to fix plumbing leaks, install new cartridges, and reopen on July 15, 2022. Inspector Fendley issued notice that all other items must be addressed within 1 week. Consumer Health Inspector Stephanie East completed a full health inspection and gave notice to the operator on July 21, 2022. The establishment failed health inspection on July 21, 2022; multiple contributing issues were related to problems with the building. On August 23, 2022, Horne observed a leak from the ceiling, damaged floor tile, standing water and damaged/dirty ceiling tiles. Photos were taken. On October 11, 2022 Officer Horne completed another re-inspection with the Area Manager, Alex Poropatic. She observed little progress since the last re-inspection. There were several items that had not been repaired/replaced. Case is being prepared for SBB in November 2022. Photos taken. Neighborhood Services was notified of a fire just before 8AM on Monday, October 24, 2022. Due to the damage caused by the fire the restaurant has been closed and temporary securing measures have been placed by the business operator. "K NOKTH KICHLAND HILLS ANALYSIS �1.( i y, 1 J�d� � Jl9jl r Q �l 1 � 1� � � .,� I� J��$ P iI� Y� �ii '✓ i l�7 JP j # �� 1 1� 1 J�i4r,�. u✓ �✓ ti. r �, .�,e e� t T.�y c ieA %�,. ',..,. .. "I 11, U1�J 1 1��1 R� -nfltm IJitb lla f Ja,l f i�f t51 r� 1 . , . I r r..; I� ' ^r i;k fe t r )� � J f� �` 1. ✓� �P� / a t� l✓�✓ r 1 ✓ �i ( �,,,�,� i . f J,i e F „ ✓ 1 f k r%r' 1 ( J✓ r y l,�4,r, iN ^' r'✓ ,� J 9 ®, o , . 7 , � � . .� i � C�rlil 1 �, r� � u„�, � N� F Id l� ���,�� ✓p,�t�6��y,� �� I�r 1��„�� � ��� e� � r✓�I. I� ,„�,� � � � � � Z� �: ✓, ,✓ s y Ifr � STAFF RECOMENTATION Staff recommends that the Substandard Building Board find the commercial restaurant structure on the property located at 6000 Rufe Snow Drive to be substandard. D222252795 10/20/2022 09:28 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 October 19, 2022 Certified/Return Receipt Requested (Cent. #7017 2620 0001 0374 6134) BOSTON MARKET CORP ATTN TAX DEPT 14103 DENVER WEST PKWY STE 100 LAKEWOOD, CO 80401 Re: SBB 2022-94; 6000 Rufe Snow Drive, legally described as being a portion of Lot 2, Block B, Northland Shopping Addition, North Richland Hills, Tarrant County, Texas Notice is hereby given that a meeting of the City of North Richland Hills Substandard Building Board will be held at 6:00 p.m. on Tuesday, November 8, 2022, at City of North Richland Hills City Hall, 4301 City Point Drive, North Richland Hills Texas 76180. A public hearing will be held to consider action regarding the following substandard commercial 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 commercial structure must be brought to minimum code requirements, or commercial structure must be demolished. Notifications of these violations were sent on May 2, 2022 and September 29, 2022. The board will determine whether the building complies with the standards set out in the ordinance and consider whether to uphold the Building Official and the Director of Neighborhood Services order to repair or demolish structure 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 building or relocate the occupants of the building and levy the cost thereof as a special assessment against the property. The Board may assess civil penalties against the property owner for non-compliance. The owner and/or all parties having interest in such property will be required to submit proof of the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work. All interested persons may appear and be heard. Failure to appear will be deemed as waiving your right to be heard and the Substandard Building Board will make their determination based 4301 City Point Drive • North Richland Hills,Texas • 76180 Phone 817-427-6663 • Fax 817-427-6667 D222252795 Page 2 of 2 NlkH Code Compliance CITY OF NORTH RICHLAND HILLS on the evidence presented. A copy of the order of the Substandard Building Board concerning your case will be mailed to you. Documentation of the conditions referred to above is on file with the Neighborhood Services Department, Code Enforcement Division at 4301 City Point Drive, North Richland Hills, TX 76180. Sincerely, Stefa ie Martinez, Neighborhood S rvices Director Given under my hand and seal of office the day of October, 2022. AUDREY CAPPALLO �tiPPY PLd: �Z; �:Notery Public,State of texas No ary Public i and f e State of Texas Comm. Expires 02-1 9-2024 il;;,��� Notary ID t264t7518 My Commission Expires: cc: GERAYLI TEXAS PROPERTIES LLC C/O AFSHIN GERAYLI 31921 MONARCH CREST LAGUNA NIGUEL, CA 92677 (Cent. #7017 2620 0001 0374 6141) 4301 City Point Drive • North Richland Hills,Texas 76180 Phone 817-427-6663 • Fax 817-427-6667 "K NOKTH KICHLAND HILLS SUBSTANDARD BUILDING BOARD MEMORANDUM FROM: Neighborhood Services DATE: November 8, 2022 Department SUBJECT: SBB 2021-95 Public hearing and consideration as to whether the structure on the property located at 6721 Richfield Drive, legally described as Lot 5, Block 2 of the Richfield Subdivision 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 will present evidence to the Board for consideration as to whether the single family residential structure is substandard as described in Chapter 98 of the City of North Richland Hills' Ordinances. BACKGROUND INFORMATION The property is located on the north side of Chapman Drive just west of Richfield Park. The property is zoned R-3 (single family residential) and has a single-family residence. The property is owned by Elvira I. Galeyeva. The property is occupied by Elvira Galeyeva and Brandon Johnson. In June 2021 improvements to the structure were identified to have been made without city issued permits. A 2nd floor addition and other modifications were also made without the required permits. In October 2021 a probable cause affidavit was issued to the property owner for failure to obtain the required permits. In December 2021 Brandon Johnson was given until the 3rd week of January 2022 to have all documentation submitted to the Building Inspections and Planning Department. On Monday, October 31, 2022 an application was submitted for permits at this location. ,VOL w IMMUMM� "K NOKTH KICHLAND HILLS ANALYSIS ..........1'"' 1-j" ....................... ......... ............1 ........... Itt]� ............ U, "o.. ........ .... . ....... ........f .............- I.................. . ..........m""m Di r6 ........ i'w"o 1, h y � � � � 1 } 11 � i � �� ­41.......... ................. STAFF RECOMENTATION Staff recommends that the Substandard Building Board find the structure on the property located at 6721 Richfield Drive to be substandard. D222252800 10/20/2022 09:32 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 NftH Code Compliance CITY OF NORTH RICHLAND HILLS Notice of Hearing — Substandard Building Board October 19, 2022 Certified/Return Receipt Requested (Cent. #7017 2620 0001 0374 6158) Elvira I. Galeyeva 6721 Richfield Drive North Richland Hills, Texas 76180 Re: SBB 2022-95; 6721 Richfield Drive, legally described as Lot 5, Block 2 of the Richfield Subdivision, North Richland Hills, Tarrant County, Texas Notice is hereby given that a meeting of the City of North Richland Hills Substandard Building Board will be held at 6:00 p.m. on Tuesday, November 8, 2022, at City of North Richland Hills City Hall, 4301 City Point Drive, North Richland Hills Texas 76180. A public hearing will be held to consider action regarding the following substandard residential 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. No permits. All required permits must be obtained. 2. Both exterior and interior of structure must be brought to minimum code requirements, or structure must be demolished. Notifications of these violations were sent on June 4, 2021, July 9, 2021, October 12, 2021 and September 29, 2022. The board will determine whether the building complies with the standards set out in the ordinance and consider whether to uphold the Building Official and the Director of Neighborhood Services order to repair or demolish structure 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 building or relocate the occupants of the building and levy the cost thereof as a special assessment against the property. The Board may assess civil penalties against the property owner for non-compliance. The owner and/or all parties having interest in such property will be required to submit proof of the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work. 4301 City Point Drive • North Richland Hills,Texas • 76180 Phone 817-427-6663 • Fax 817-427-6667 D222252800 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, JJ s Stef nie Martinez, Neighborhoocr Services Director Given under my hand and seal of office the day of October, 2022. EE, AUY CAPPALLOary Public, State of TexasNotary Publi in and o the State of Texas mm. Expires 02-19-2024 /�Notary ID 126417518 My Commission Expires: /2-0,2:��c Brandon R. Johnson 6721 Richfield Drive North Richland Hills, TX 76180 Cert.# 7017 2620 0001 0374 6165 EECU 1617 West 7t" Street Fort Worth, TX 76102 Cert.# 7017 2620 0001 0374 6240 EECU P.O. Box 1777 Fort Worth, TX 76101 Cert.# 7017 2620 0001 0374 6257 4301 City Point Drive • North Richland Hills,Texas • 76180 Phone 817-427-6663 • Fax 817-427-6667 "K NOKTH KICHLAND HILLS SUBSTANDARD BUILDING BOARD MEMORANDUM FROM: Neighborhood Services DATE: November 8, 2022 Department SUBJECT: SBB 2022-96 Public hearing and consideration as to whether the multi-family residential structure on the property located at 7800 Irish Drive legally described as Lot 1, Block 4, Red Gate 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 will present evidence to the Board for consideration as to whether the multi-family residential structure is substandard as described in Chapter 98 of the City of North Richland Hills' Ordinances. BACKGROUND INFORMATION The property is a multi-building multi-family apartment community located on the east side of Davis Boulevard south of the North Electric Trail. The property is zoned PD (Planned Development). The property is owned by NRH Davis Plaza GP, LLP in Wilmington, North Carolina. In September 2022 Neighborhood Services Director Stefanie Martinez observed a burned building surrounded by an unsecured and ajar chain-link fence. It was later learned that the fire at the property occurred in June 2022, 3 months prior to Director Martinez's observation. The fence was secured and locked by the property management company following notification from Neighborhood Services. "K NOKTH KICHLAND HILLS ANALYSIS 1 i j Y ri d ,7 r t ,f . i e Fj r i J. J 1I .., , i 1 ( t J l 7 1 Y P .i �... � 1..� 1 �... Jd x, „ I LLL p � �.....` � .....�: � l . .� . 6 ...". h1;r1, STAFF RECOMENTATION Staff recommends that the Substandard Building Board find the multi-family residential structure on the property located at 7800 Irish Drive to be substandard. D222252801 10/20/2022 09:33 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 October 19, 2022 Certified/Return Receipt Requested (Cert. #7017 2620 0001 0374 6172) NRH DAVIS PLAZA GP, LLC 1508 Burnett Road Wilmington, NC 28409 Re: SBB 2022-96; 7800 Irish Drive, legally described as Lot 1, Block 4, Red Gate Addition, North Richland Hills, Tarrant County, Texas Notice is hereby given that a meeting of the City of North Richland Hills Substandard Building Board will be held at 6:00 p.m. on Tuesday, November 8, 2022, at City of North Richland Hills City Hall, 4301 City Point Drive, North Richland Hills Texas 76180. A public hearing will be held to consider action regarding the following substandard multi-family structure 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 the multi-family structure must be brought to minimum code requirements, or multi-family structure must be demolished. Notifications of these violations were sent on September 9, 2022. The board will determine whether the building complies with the standards set out in the ordinance and consider whether to uphold the Building Official and the Director of Neighborhood Services order to repair or demolish structure 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 building or relocate the occupants of the building and levy the cost thereof as a special assessment against the property. The Board may assess civil penalties against the property owner for non-compliance. The owner and/or all parties having interest in such property will be required to submit proof of the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work. All interested persons may appear and be heard. Failure to appear will be deemed as waiving your right to be heard and the Substandard Building Board will make their determination based 4301 City Point Drive • North Richland Hills,Texas • 76180 Phone 817-427-6663 • Fax 817-427-6667 D222252801 Page 2 of 2 NItH Code Compliance CITY OF NORTH RICHLAND HILLS on the evidence presented. A copy of the order of the Substandard Building Board concerning your case will be mailed to you. Documentation of the conditions referred to above is on file with the Neighborhood Services Department, Code Enforcement Division at 4301 City Point Drive, North Richland Hills, TX 76180. Sincerely, Stet "nie Martinez, Neibhborhood S rvices Director Given under my hand and seal of office the day of October, 2022. d`PVP',,.,, AUDREY CAPPALLO J16 4P UB ?; ;Notary Public,State of Texas Notary Public in and Tor State of Texas "n'. +Pc Comm. Expires 02-19-2024 °;,� Notary ID 126417518 My Commission Expires: cc: NRH DAVIS PLAZA GP, LLC 841 California Street El Segundo CA 90245 (Cent. #7017 2620 00010374 6189) NRH DAVIS PLAZA GP, LLC c/o Thomas M. Smith (Registered Agent) 4054 McKinney Ave, Suite 302 Dallas, TX 75204 (Cert. #7017 2620 0001 0374 6196) NRH DAVIS PLAZA GP, LLC c/o Gordon C Nicholson (Manager) 1508 Burnett Road Wilmington, NC 28409 (Cert. #7017 2620 0001 0374 6202) Fannie Mae (Lien holder/Mechanic's Lien) c/o Greystone Servicing Company, LLC 419 Belle Air Lane Warrenton, Virginia 20186 (Cert. #7017 2620 0001 0374 6219) 4301 City Point Drive • North Richland Hills,Texas • 76180 Phone 817-427-6663 • Fax 817-427-6667 "K NOKTH KICHLAND HILLS SUBSTANDARD BUILDING BOARD MEMORANDUM FROM: Neighborhood Services DATE: November 8, 2022 Department SUBJECT: SBB 2022-97 Public hearing and consideration as to whether the Multi-family Apartment Community located at 8359 North Harwood Road legally described as Lot 1 and Lot 2, Block 1, Silverado 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 will present evidence to the Board for consideration as to whether the commercial structures is substandard as described in Chapter 98 of the City of North Richland Hills' Ordinances. BACKGROUND INFORMATION The property is located on the north side of Harwood Road between Davis Boulevard and Boulevard 26. The property is zoned PD (Planned Development) and is the location of The Tides Apartment Community. The property is owned by Silver Creek LL, LLC c/o Investcorp in New York, New York. In August 2022, Building Inspector Gary Taylor and Code Compliance Officer Rayneice Horne met with Louie West, Senior Regional Asset Manager and Esmeralda Castro- Moreno, the Community Manager for the Tides on Harwood apartment complex to discuss the existing code violations such as HVAC issues, cracks in bricks, rotted/damaged wood, siding, trim and peeling paint throughout several buildings within the apartment complex. Since the inception of the case minor improvement have been made to resolve the issues, yet the property remains in violation. "K NOKTH KICHLAND HILLS ANALYSIS .. i f ) 1 f l A 1j / Yfl iYLl� r � �� ✓� V 41 11q�f�f ! I � 1 �l q fll i ( Ig�! iI '� d J 1 { "f I Y� 3 �f� y it ,iurrIT- r � pp p [i 1 - r k f e 1 �lr r � (f r ^rc , r 1 I O �� '��1 a 1 I a �� � l� I l t lr1�rT / E ! t 1 V 17T, m. STAFF RECOMENTATION Staff recommends that the Substandard Building Board find the Multi-family Apartment Community structures located at 8359 North Harwood Road to be substandard. D222252802 10/20/2022 09:33 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 October 19, 2022 Certified/Return Receipt Requested (Cent. #7017 2620 0001 0374 6301) SILVER CREEK LL, LLC c/o INVESTCORP Attn: Ryan Bassett, Affan Ahmed, J. Michael O'Brien & Russell Arco 280 Park Avenue New York, NY 10017 Re: SBB 2022-97; 8359 N Harwood Road, legally described as being a portion of Lot 1 and Lot 2, Block 1, Silverado Addition, North Richland Hills, Tarrant County, Texas Notice is hereby given that a meeting of the City of North Richland Hills Substandard Building Board will be held at 6:00 p.m. on Tuesday, November 8, 2022, at City of North Richland Hills City Hall, 4301 City Point Drive, North Richland Hills Texas 76180. A public hearing will be held to consider action regarding the following substandard apartment complex buildings 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 all structures must be brought to minimum code requirements, or structures must be demolished. Notifications of these violations were sent on September 29, 2022. The board will determine whether the building complies with the standards set out in the ordinance and consider whether to uphold the Building Official and the Director of Neighborhood Services order to repair or demolish structure 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 building or relocate the occupants of the building and levy the cost thereof as a special assessment against the property. The Board may assess civil penalties against the property owner for non-compliance. The owner and/or all parties having interest in such property will be required to submit proof of the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work. All interested persons may appear and be heard. Failure to appear will be deemed as waiving your right to be heard and the Substandard Building Board will make their determination based 4301 City Point Drive • North Richland Hills,Texas • 76180 Phone 817-427-6663 • Fax 817-427-6667 D222252802 Page 2 of 2 NlkH Code Compliance CITY OF NORTH RICHLAND HILLS on the evidence presented. A copy of the order of the Substandard Building Board concerning your case will be mailed to you. Documentation of the conditions referred to above is on file with the Neighborhood Services Department, Code Enforcement Division at 4301 City Point Drive, North Richland Hills, TX 76180. Sincerely, -§-tefaq#i Martinez, Neighborhood Sery ces Director Given under my hand and seal of office the l day of October, 2022. AUDREY CAPPALLO Notary Public,State of Texas -� Comm. Expires 02-19 2024 Notary Public i Texas an or h St too My Commission Expires: y �o Notary ID 126417518 cc: Tides on Harwood 8359 N Harwood Road North Richland Hills, TX 76180 (Cert. # 7017 2620 0001 0374 6233) Gibson Dunn & Crutcher LLP Attn: David Furman 200 Park Avenue New York, NY 10166-0193 (Cert.# 7017 2620 0001 0374 6264) Tides SC Mortgage Lender, L.P. 900 N. Michigan Avenue, Suite 1900 Chicago, IL 60611 (Cert.# 7017 2620 0001 0374 6271) Peerless Operations LLC c/o Kandace Lynn Ledig 4500 Mercantile Plaza, Suite 300 Fort Worth, TX 76137 (Cert.# 7017 2620 0001 0374 6288) The Robinson Group 8970 E Raintree Drive, Suite 200 Scottsdale, AZ 85260 (Cert.# 7017 2620 0001 0374 6295) 4301 City Point Drive • North Richland Hills,Texas • 76180 Phone 817-427-6663 • Fax 817-427-6667