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HomeMy WebLinkAboutSBB 2023-02-21 Agendas t4RH NOKTH KICH�AND HILL CITY OF NORTH RICHLAND HILLS SUBSTANDARD BUILDING BOARD AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 TUESDAY, FEBRUARY 21, 2023 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 November 8, 2022 Substandard Building Board Meeting. C.2 SBB 2022-92Public hearinq and consideration as to whether the structures on the property located at 7408 Bursey Road known as Block 1_g Lot 11, of the Oak Ridge states in the City of North Richland Hills, Tarrant County, Texas remain substandard within the meaning of the city's ordinances and order repair or demolition of the structures and/or assess a civil penalty for non-compliance of the previously issued Order. Tuesday, February 21, 2023 Substandard Building Board Agenda Page 1 of 2 C.3 SBB 2022-95 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_Frills Tarrant County, Texas remains substandard within the meaning of the City's ordinances and order repair or demolition of the structure and/or assess a civil penalty for non-compliance of the previously issued Order. D. ADJOURNMENT The Substandard Building Board may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 , Texas Government Code. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551 , Texas Government Code on Friday, February 17, 2023 by 3:00 PM. Audrey Cappallo Senior 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, February 21, 2023 Substandard Building Board Agenda Page 2 of 2 MEL " H 'IM ffl%th, O&TH KICMHLAND HILLS SUBSTANDARD BUILDING BOARD MEMORANDUM FROM: The Neighborhood Services DATE: February 21, 2023 Department SUBJECT: Approval of minutes of the November 8, 2022, Substandard Building Board Meeting. PRESENTER: Stefanie Martinez, Director of Neighborhood Services SUMMARY: The minutes are approved by majority vote of the Board at the Substandard Building Board meetings. GENERAL DESCRIPTION: The Neighborhood Services Department prepares action minutes for each Substandard Building Board Meeting. The minutes from each meeting are placed on a later agenda for review and approval by the Board. Upon approval of the minutes, an electronic copy is uploaded to the City's website. RECOMMENDATION: Approve Minutes of the November 8, 2022, Substandard Building Board Meeting. MINUTES OF THE REGULAR MEETING SUBSTANDARD BUILDING BOARD OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE COUNCIL WORKROOM, 4301 CITY POINT DRIVE NOVEMBER 8, 2022 The Substandard Building Board of the City of North Richland Hills, Texas met on the 8t" day of November 2022 at 6.00 p.m. in the Council Workroom. Present: Daniel Caulkins Place 1 Bill Wait Place 2 John Cope Place 3 Brian Crowson Place 6, Chairman Robert McCary Place 7 Absent: Michael Gist Place 4 Jeff Arwine Place 5 Staff Members: Stefanie Martinez Director of Neighborhood Services Thomas McMillian Assistant City Attorney Dave Pendley Chief Building Official Audrey Cappallo Executive Secretary Rayneice Horne Code Compliance Officer Matthew Hall Code Compliance Officer Gary Taylor Building Inspector A. CALL TO ORDER Chairman Crowson called the meeting to order at 6.00 p.m. Before proceeding forward, Chairman Crowson sworn in Stefanie Martinez, Rayneice Horne, Matthew Hall, Dave Pendley, Gary Taylor, Anwav Khalil, Paul Poropatic, Brandon Johnson, and Debbie Conway. B. PUBLIC COMMENTS - AN OPPORTUNITY FOR CITIZENS TO ADDRESS THE SUBSTANDARD BUILDING BOARD ON MATTERS WHICH ARE SCHEDULED ON THIS AGENDA FOR CONSIDERATION BY THE BOARD, BUT NOT SCHEDULED AS A PUBLIC HEARING. IN ORDER TO ADDRESS THE SUBSTANDARD BUILDING BOARD DURING PUBLIC COMMENTS, A PUBLIC MEETING APPEARANCE CARD MUST BE COMPLETED AND PRESENTED TO THE RECORDING SECRETARY PRIOR TO THE START OF THE SUBSTANDARD BUILDING BOARD MEETING. Chairman Crowson informed the Board that no one had signed up to speak during public comments. Substandard Building Board Meeting November 8, 2022 Page 1 of 26 CA APPROVE OF MINUTES OF THE SEPTEMBER 13, 2022 SUBSTANDARD BUILDING BOARD MEETING. MR. BILL WAIT MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 13, 2022, SUBSTANDARD BUILDING BOARD MEETING. MR. DANIEL CAULKINS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. C.2 THE SUBSTANDARD BUILDING BOARD MEMBERS SHALL ELECT ONE MEMBER OF THE BOARD AS CHAIRMAN AND ONE MEMBER AS VICE CHAIRMAN. Chairman Crowson asked if there are any nominations for Chairman and Vice Chair. In response, Mr. John Cope recommended that the Board keep same Chairman and Vice Chairman. Mr. Crowson and Mr. Wait accepted the nomination. MR. JOHN COPE MOVED TO KEEP MR. BRIAN CROWSON AS CHAIRMAN AND MR. BILL WAIT AS VICE CHAIRMAN. MR. DANIEL CAULKINS SECONDED THE MOTION. MOTION TO APPROVE CARRIED5-0. 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. APPROVED Chairman Crowson called on Stefanie Martinez, Director of Neighborhood Services, to present the case. Ms. Martinez informed the Board that this case they have seen in the past. This case was scheduled last month in October, however, that was removed from the agenda and the meeting cancelled because the property sold the day before the meeting. There is a new owner that purchased the property on or about October 31, 2022. She has had some communication with the Area Manager regarding the conditions out there and what they asked. She did explain to them that in order for this board to consider more than 90 days on their order or their time frame to get repairs completed, they had to present a detail action plan. The Area Manager did email her; however, they were not able to come to an agreed order because they had to have their legal staff review. As of today, the property has been completely cleaned of all debris and the entire fence has been replaced. They have done that in the very short time that they've owned the property. She'll defer at this point until the agent for the property on the can speak. Substandard Building Board Meeting November 8, 2022 Page 2 of 26 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. Anwar Khalil stepped forward. Mr. Khalil informed the Board that he purchased the property at auction on November 1, 2022. He stated he was confused as Ms. Martinez stated October. He is waiting on the deed. He knows the property needs work. He wants to make it look nice, but he needs to get the deed first. He thanked Ms. Martinez for letting him know that someone fix the fence. He doesn't know what needs to be done. Chairman Crowson stated that the city will get with him and let him know what needs to be repaired. Chairman Crowson asked Mr. Khalil if he was going to live in the house. Ms. Khalil replied no, he is going to flip it. Ms. Martinez asked for a recess to consult with the Assistant City Attorneys. She believes there's some confusion as far as the ownership on the property. The group that she has been working with is Brookshire or something. They purchased it back at the end of October, but Mr. Khalil is now saying he purchased it auction on November 1, 2022. The property was up for foreclosure auction by the bank, but she didn't know that the bank actually went through with it. It was her understanding that the property sold before that that could take place. Chairman Crowson asked Mr. Khalil if he has the paperwork showing ownership. Mr. Khalil replied yes. Ms. Martinez asked for a quick recess to verify the ownership of the property. Chairman Crowson granted the recess at 6.07 p.m. Chairman Crowson called meeting back in session at 6.10 p.m. Ms. Martinez asked the Board to table this case until later in the meeting so that staff can work through the conflicting information as far as the ownership and the transfers of title. We would like to do a little of research and come back by the end of the meeting to go back over that information. The Board approved to table this case until later in the meeting. Case was resumed at 7.58 p.m. Ms. Martinez advised the Board that there has been some discussion between our attorney, the property, and our legal staff. There may be some conflict with the ownership on this property. That's not really for us to determine at this point. Staff would ask that an order be issued to get the repairs done within 66 days or civil penalty be assess. The repairs would be to the exterior since we have never seen the interior of the property. The property has been cleaned and a new fence has been installed. There has been communication with the Breckenridge Company, who purchased the property on October 24, 2022, from the previous owner. The previous owner that came before the Board, Ms. Woods. She believed that Mr. Khalil purchased the property at a foreclosure on November 1, 2022, so there's that conflict for them to resolve on their Substandard Building Board Meeting November 8, 2022 Page 3 of 26 own. The order we would ask would be placed on the property, regardless of the ownership. Chairman Crowson asked Mr. Khalil if he had any paperwork showing that he purchased the property. Mr. Khalil responded yes. Chairman Crowson asked Mr. Khalil if he replaced the fence. Ms. Khalil responded no. Ms. Martinez advised the Board again that she had been in communications with the Area Manager, Mr. Will McKay for Breckenridge Company, who is the owner according to the title and the deed that was filed on October 24, 2022. Mr. McKay is the one that informed us he had his contractor clean the property and a new fence has been installed. He also gave us a detailed line of work with everything that needs to be done such as replace the fence, which is done, clean up the landscaping and the trash, which is already done. Roof repair that's due to be done on November the 18th. Replace the HVAC on November the 18th. Foundation repair November 25t" and then replace the siding as needed by December 9th. General cosmetic work and interior painting, texturing new flooring by January 6th, and ensured that everything is complied with to the city code by January 13th. Chairman Crowson asked Ms. Martinez how Mr. Khalil got informed of this meeting. Ms. Martinez responded that she didn't know how Mr. Khalil got informed of this meeting. We did post the notice on the door as required. Mr. Khalil replied that he went to the house with his lawyer and saw the notice posted on the door and he thought it best that he showed up to the meeting to see what was going on. He going to be contacting his lawyer and the auction company to see what is going. Chairman Crowson asked Ms. Martinez if she knew if the mortgage had been paid off. Ms. Martinez responded she did not look to see if that had been paid off. She can tell them the title company that was working on the sale between Ms. Woods and the Breckenridge Company, did produce a closing statement to us and they did say they had closed and funded that. She interpreted the funding as they paid off all debt to the mortgage companies. In reference to the sale that happened on October 24th, to Breckenridge, we were aware of that. We were not aware that it was still on the auction list for November 1st. Chairman Crowson closed the public hearing. The Board discussed different timeframe options. 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,WINDSOR PARK 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 75 DAYS. IF THE OWNER FAILS TO COMPLY Substandard Building Board Meeting November 8, 2022 Page 4 of 26 FULLY WITH THIS ORDER, THE CITY IS AUTHORIZED TO 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 $1,000.00 PER DAY WHICH THE PROPERTY REMAINED IN VIOLATION BEYOND THE COMPLIANCE DATE ESTABLISHED IN THE BOARD'S ORDER. MR. JOHN COPE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. 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. APPROVED Chairman Crowson called on Stefanie Martinez, Director of Neighborhood Services, to present the case. Ms. Martinez advised the Board that 4300 Booth Calloway had come before the Board in June of 2022. She advised the Board that the property was cleaned within the 30 days and that portion was closed out. However, the repairs to the structure did not occur within that time frame. The City had been in communications with the property owner who is again out of the country and set to be back until the end November per email Code Officer Hall received today at 4.55 p.m. Code Officer Hall went and visited the property today just to get a status of the property. Ms. Martinez presented photos of the exterior taken earlier that day by Code Officer Hall. There is debris again on the property. Somebody has stacked tires at the property. Someone has been accessing the property, but we don't know who. Ms. Martinez advised the Board that Code Officer emailed the owner and gave him an update on the property and asking about today's hearing. We received a response prior to meeting saying Thank you. He saw the pictures and it is very painful as he told someone take care of the property in his absence. They didn't do so. He would take action immediately and correct the code violation. Unfortunately, he is still in Libya waiting for his wife, who will be granted her visa to the US on November 20, 2022. They will be home right after that date. He will inform Code Officer Hall by e-mail or by phone call when he gets there to set up a date for property to be inspected. Meanwhile, stated before, he'll arrange for someone to take care of the tires and correct these wrongs once again sorry. Ms. Martinez advised the Board once again the owner is out of the country, and somebody's accessing the property and has brought more debris in and the structure is still in violation. The structure has not been repaired. Substandard Building Board Meeting November 8, 2022 Page 5 of 26 Chairman Crowson asked if there is water service to the house. Ms. Martinez responded yes, and she believed the electricity is still on at the property. Ms. Martinez presented some photos taken of the interior of the property on July 29, 2022 showing the property still in violation. Photos did show some minor repairs and some areas were boarded. Ms. Martinez advised the Board that staff recommends that the Substandard Building Board find the property owner failed to comply with the June 14, 2022 order to repair the structure within 30 days. • It is further recommended that the Board assess a civil penalty against the property for failure to complete the required repairs to the substandard structure on the property in accordance with Chapter 98, Sec 98-470 in the amount of $1,160.00 which is $10.00 per day that the property remained in violation of the Ordinances of the City of North Richland Hills since July 15, 2022 which is the day following the final day of the Board's Order requiring the structures be repaired within 30 days. Chairman Crowson asked if the Board had any questions for the city. Chairman Crowson closed the public hearing. MR. BILL WAIT MOVED TO ENTER THE FOLLOWING ORDER FOR SBB 2022-91 DETERMINING THE PROPERTY LOCATED AT 4300 BOOTH CALLOWAY ROAD LEGALLY DESCRIBED AS WILLIAM W. WALLACE SURVEY, ABSTRACT 1606, TRACT 1OA04A IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS THAT THE SINGLE FAMILY RESIDENTIAL STRUCTURE REMAINS SUBSTANDARD; AND ORDERED THAT THE PROPERTY OWNER BE ASSESSED A CIVIL PENALTY AGAINST THE PROPERTY IN ACCORDANCE WITH CHAPTER 98, SEC. 98-470 IN THE AMOUNT OF $1,160.00 WHICH IS $10.00 FOR EACH DAY THE PROPERTY REMAINED IN VIOLATION OF THE ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS SINCE .DULY 15, 2022 WHICH IS THE DAY FOLLOWING THE FINAL DAY OF THE BOARD'S ORDER REQUIRING THE STRUCTURES BE REPAIRED WITHIN 30 DAYS. MR. ROBERT MCCARY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. 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 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. APPROVED Chairman Crowson called on Stefanie Martinez, Director of Neighborhood Services, to present the case. Substandard Building Board Meeting November 8, 2022 Page 6 of 26 Ms. Martinez presented an area and zoning map of the property located at 6000 Rufe Snow Drive. Ms. Martinez provided the Board with an overview of action taken to date for the structure located at 6000 Rufe Snow Drive. • May 2, 2022 case 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. A notice of violation was mailed to the address listed with Tarrant Appraisal District records. • June 1, 2022 - Officer Horne observed some 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. • June 22, 2022- Officer Horne spoke with a manager Corina, she stated that the repairs have started and should be completed by the end of the week. She was informed to call Officer Horne next week to schedule re-inspection at the restaurant. • August 23, 2022 — Officer Horne observed a leak from the ceiling, damaged floor tile, standing water and damaged/dirty ceiling tiles. Photos were taken. • October 11, 2022— Officer Horne met with Alex Poropatic, Area Manager at Boston Market. 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 were taken. • October 24, 2022 - Neighborhood Services was notified of a fire just before 8AM. Due to the damage caused by the fire the restaurant has been closed and temporary securing measures have been placed by the business operator. Ms. Martinez presented several photos of the property. Photos included: • Photo of Notice of Hearing posted on the front door of Boston Market. • Several photos of broken and crack tiles. • Photos of holes in the wall in the restaurant area. • Photos of damaged to the kitchen and appliances. • Photos of water standing and the damage in the kitchen area. • Photos of water damage to ceiling tiles and ceiling tiles sagging. • Photos of vents needing to be cleaned. • Additional photos showing water damage to the floor. • Additional photos of damages to the ceiling tiles. Substandard Building Board Meeting November 8, 2022 Page 7 of 26 • Photo of debris on the floor and a rodent trap. • Photos of holes and exposed wiring. • Photo showing where they temporary fix one of the holes. • Photo showing tape has come down on whatever it was trying to secure up there. • Photos taken after the building burned. The building was secured and is secured with a fence. • Additional photos showed building being boarded. The window has bowed out as wells as the frame. There is a small gap but it secured as well as it can be temporarily. Ms. Martinez informed the Board that she will defer until the property owner or agent for the property has had a chance to speak before presenting Staff recommendation. Chairman Crowson asked the Board if they had any questions for the city. Chairman Crowson asked if the establishment was open prior to the fire. Ms. Martinez responded that yes, the establishment was open prior to the fire. Chairman Crowson asked if we know what caused the fire? Ms. Martinez responded that she believes it is still under investigation with the fire department. She was at the scene the day of the fire and it was raining. Ms. Martinez did ask the fire department if the fire was caused by a lightning strike. Fire Department said there was no lightning in the area, but they were still investigating. So as of right now, it's been undetermined. Chairman Crowson asked what percentage of the building is damaged by fire. Ms. Martinez responded about 50 percent. She stated that she knows after the fire there was additional rain and some more of the ceiling has come in and we have not been back in the building because of the condition. Chairman Crowson asked based on where the tarp is located, is that the area of the fire. Ms. Martinez responded the fire was in the entire kitchen. It was in the attic up to the roof line, and over the drive through area. Chairman Crowson asked if the Fire Department suspect arson. Ms. Martinez responded they were investigating that as well, but again, it's undetermined. Chairman Crowson asked the Board if they had any questions for the city. Chairman Crowson opened the public hearing. Chairman asked for anyone wishing to speak on the item to come forward. Mr. Paul Poropatic, the Area Manager for Boston Market, stepped forward. Mr. Poropatic advised the Board that he took over this location in July. It was determined that Corporate wasn't receiving the correspondences from the city as they have recently been sold. There has been some transition with the office and correspondences were going to the old Area Manager. Once he saw what was going on and he was told an inspector had come out to the location. He wanted to set up a meeting with the inspector to see what was going because he had been told that there were some structures that Substandard Building Board Meeting November 8, 2022 Page 8 of 26 needed to be fixed. He hired a contractor to start working on some of the things such as the holes and making sure the the on the floor was getting fixed. He had been working on trying to get everything fixed as far as the ceiling the keeping them in and keeping the owner informed. The fire happened on the 24t" and it is undetermined if it the building was struck by lightning or anything like that. They are hiring contractors to fix the whole building. Mr. Poropatic doesn't know what their plans are right now. They have 60 days to determine if they are going to demolish the building and rebuild or if they are going to refurbish the building. Chairman Crowson asked the Board if they had any questions. Mr. Daniel Caulkins asked for clarification that the building could be demolish. Mr. Poropatic responded yes. Mr. Poropatic stated that the owner of the restaurant is speaking to the owner of the building, which they lease, on whether it will be demolished or refurbished. Dr. Caulkins asked if an insurance carrier is involved. Mr. Poropatic responded yes. Chairman Crowson asked if this was a franchise. Mr. Poropatic responded no. Ms. Martinez informed the Board that she has received a couple of requests and one in writing from Boston Market asking that this case be delayed due to the fire. Ms. Martinez advised the Board that staff did discuss this. It is even more of a reason to bring it forward because it was already substandard and now with the fire, we would like to see some plan of action going forward. She understands that they're still working on this, but it goes to show that this is a concern. It is on one of the major thoroughfares. We know they've secured it and they secured it immediately. But staff would feel more comfortable with having an order on this with a timeframe. Also, in in accordance with the ordinance and the Statute, no more than 90 days can be given unless the owner comes forward with a detailed plan of action. We have yet to see that and she understands that the fire just occurred, but we could have seen something as far as the other repairs that was needed on the interior of the property prior to the fire. 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. • 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; o A civil penalty may be assessed against the property for failure to repair the structure within the allowed time frame in accordance with Chapter 98, Sec. 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 Substandard Building Board Meeting November 8, 2022 Page 9 of 26 Richland Hills since the Notice and Order was issued on September 29, 2022 and received on October 3, 2022. Ms. Martinez informed the Board that Mr. Poropatic, represents the business and is not actual owner of the business. This Order and any penalty would go against the property owner who is not present. Chairman Crowson closed the public hearing. The Board discussed different timeframe options. MR. DANIEL CAULKINS MOVED TO ENTER THE FOLLOWING ORDER FOR $BB 2022-94 DETERMINING 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 THAT THE COMMERCIAL RESTAURANT STRUCTURE IS HEREBY FOUND TO BE SUBSTANDARD 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 COMMERCIAL STRUCTURE MUST BE COMPLETED WITHIN 90 DAYS. IF THE PROPERTY OWNERS FAILS TO COMPLY FULLY WITH THIS ORDER, THE CITY IS AUTHORIZED TO 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 $1,000.00 PER DAY WHICH THE PROPERTY REMAINED IN VIOLATION OF THE ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS SINCE THE NOTICE AND ORDER WAS ISSUED ON SEPTEMBER 29, 2022 AND RECEIVED ON OCTOBER 3, 2022. MR. ROBERT MCCARY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. C.6 SBB 2022-95 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. 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 6721 Richfield Drive. Ms. Martinez provided the Board with an overview of action taken to date for the structure located at 6721 Richfield Drive. Substandard Building Board Meeting November 8, 2022 Page 10 of 26 • June 4, 2021 — Officer Matthew Hall sent notice of violation to the property owner, there is no permit on file for a second floor addition. • June 11, 2021- Officer Hall returned call to the property owner, Elvira Galeyeva. There was no answer and a voicemail was left. • June 14, 2021- Hall received call back from the property owner, he informed her to contact Building Inspections/Planning Department to obtain the permit(s) needed for the existing construction. • July 9, 2021- Officer Rayneice Horne received an email from Dave Pendley, the Chief Building Official for the Building Inspections/Planning Department stating that the property owner applied for a permit to construct a second story to their house back in 2018 but it was never issued. The property owner decided to continue to build without any permits and/or inspections. • July 26, 2021- Officer Horne confirmed the applied permit(s) still remained on hold as of January 08, 2021. • October 12, 2021- Officer Matthew Hall issued PCA (citation) to property owner this date for no permit(s) for the second floor addition(s) made to the primary structure. • November 18, 2021 - Officer Horne still does not see a permit(s) on file. Officer Hall is awaiting scheduled court hearing for PCA that had been issued to property owner, Brandon Johnson. • December 15, 2021— Officer Hall had the court hearing via Zoom, property owner, Brandon Johnson, was given until the third week of January 2022 to have all documents submitted to Building Inspections/Planning. • January 26, 2022 - Officer Hall received notice from Municipal Court that the property owners, Brandon Johnson and Elvira Galeyeva officially requested a trial by Judge on this matter and trial will be set in two weeks. The husband, Mr. Johnson, stated that he will contact his attorney for future correspondence until the matter with the courts is resolved. • February 8, 2022- Officer Hall attended the court proceeding with the property owners and prosecutor. Owners agreed to plead guilty and pay a reduced 180 day deferred fine of $256.00 and were given a 180 day probation period to have their required documentation submitted to the City. • September 7, 2022- Officer Hall and the property owners attended a virtual court hearing where the property owners were fined the remaining balance owed by Judge Bass. If the property owners do not file the remaining portions of their application for permit(s) within the next 30-45 days case will considered for submission to the Substandard Building Board. Ms. Martinez presented several photos of the property. The property is in violation of Chapter 98, Section 98-61 stating that no building or structure shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or Substandard Building Board Meeting November 8, 2022 Page 11 of 26 demolished unless a separate permit for each building or structure has been obtained from the building official unless exempted by this chapter. Photos included: • Notice of Hearing posted on door. • An actually photo of the property from Google map from 2019. • Photo from October of 2021 where you can see the addition on the top of that structure. • Another photo from Google Maps from May of 2022 showing the top of the structure and the additional structure on the side of the house. • Aerial photo showing the addition, and that the roof line has changed Ms. Martinez informed the Board that she will defer until the Board has heard from the property owner before presenting Staff recommendation. Ms. Martinez also informed the Board that Chief Building Official Dave Pendley is present for questions if the Board has any. Chairman Crowson asked the Board if they had any for the city. Chairman Crowson asked Ms. Martinez to go back to the photo showing the addition on the side. He asked if the carport or the structure was attached to the fence. Ms. Martinez responded it appears to her to be attached to the fence and also to the edge of the house, maybe the gutter area. She stated that might be something Mr. Pendley could answer. Mr. Pendley responded yes; Ms. Martinez is correct. If you want to call it a carport but it will have to be removed. Chairman Crowson asked Ms. Martinez how Code was notified of this violation. Ms. Martinez responded that that question would need to be answered Code Officer Matthew Hall if recalls how that came in. Code Officer Hall responded that it was forward to him by the Permitting Department. Their employee, Dena, came over and stated an application from 2019 for this property that had not been approved and they had been notified and observed that the property owner had went ahead and undergone the second story additions and everything without the permit. The property owner knowingly, willingly went forward with the addition without the permit. The property owner original made the application and the application was under review. They were requiring some extra documentation from the property owner but they never received it after trying to get this information from the property owner on several occasions. Basically, the permit was never issued and the owner went ahead with the construction anyways. Chairman Crowson asked Mr. Pendley if knows the date the construction was completed. Mr. Pendley responded that he doesn't have an exact date when the construction of the addition was completed. Our residential plan examiner gave them some correction comments shortly that after it had been applied for. It is his understanding that there were some conversations that didn't go very well. Some time went by more so than what we would normally want, but then it came up again. We sent an inspector by and it he found that the addition had already been constructed. This is when sent it over to Code Officer Hall. Substandard Building Board Meeting November 8, 2022 Page 12 of 26 Chairman Crowson asked Mr. Pendley what needs to be done to remedy the problem with the structure as it is obviously that carport structure will need to come down. Mr. Pendley responded that there is a process, we can't issue a permit when we have a zoning violation. The building on the north with the roof has to be removed. There are roof structures on the other side of the property, that were present on the ariel photo, need to be removed because they are not meeting side yard setbacks requirements. Once that has occurred, then we can issue the permit. In the meantime, the owners did apply for a brand new permit on October 31, 2022. It hasn't been reviewed yet. But it will mostly likely have the same items as the first plan exam had that were deficient. If we get everything, we need for the permit however they will have to conduct inspections. At that time, all the sheet rock will have to be removed for them to do the inspections for electrical and framing. Chairman Crowson asked the Board if they had any questions. Chairman Crowson opened the public hearing. Mr. Brandon Johnson stepped forward and stated he lives at 6721 Ridgefield Drive. Mr. Johnson advised the Board that the carport is actually more like a lean to structure. He has several expensive race cars that he stores there. There are about seven lean to structures in his surrounding area. If his lean-to structure is deemed not up to code, it can be removed. The other buildings are under 100 square feet, and he believes those do not necessary require a permit. His understanding that if a building structure is over 140 square feet requires a permit. Chairman Crowson asked if he was taking about storage sheds. Mr. Johnson responded yes. It a storage shed. Mr. Johnson advised the Board that one of the lean-to structure is a doghouse. The other one has his pool equipment. He was also not prepared to represent himself, so he didn't bring any files to upload showing where those are. The structure in the upper corner that is long holds his four hot rods. He doesn't want his cars to get hit with hail. The last time he checked front carports weren't allowed. Even though I would argue that I would build a very nice structure. Mr. Johnson advised the Board that he does construction for a living and owns his own construction company. He knows what it is going to take to get a Permit and he did apply for a permit. It took him a little bit longer because he made changes and he didn't want to go through the same thing that he did when he first applied for a permit and he didn't realize that the city was going to require such an extraneous information on a remodel addition. It's not a new construction. There is a lot of parts of the house that didn't get upgraded to try to meet the energy codes of today's standard was a little bit hard. Covid hit. The reason he built the structure was for his in-laws that live in Russia. He was in time crunch to get this done and get them here. They are still stuck in Russia. Mr. Crowson asked him about the other two structures. Mr. Johnson responded that the structure is for pool equipment and a place for his dogs to go underneath. He did put a cover over it. It is attached to the side of the house. It just another lean to but he boxed it in. Basically, when you walk through his gate from the front of the house, it's just a place to put lawn mowers because he doesn't have a huge backyard. He had kids and Substandard Building Board Meeting November 8, 2022 Page 13 of 26 tries to keep their bike equipment out of the way. He feels he did it very tastefully out of cedar. Well, you know, just kind of lame to makes it sound bad to me. Well, it's boxed in. It's made of cedar. Mr. Johnson stated that he sent an e-mail from Dave, he believes, stating the permit wouldn't be issued for the addition if these structures weren't removed. Mr. Pendley commented that the correspondence was from Mary Lou. Mr. Johnson stated that he immediately responded to the email asking if they could have a meeting on site because he doesn't believe that these two lean to structures should be removed. The carport, he gets however there are four on his block and he feels that he is being attacked when there are other neighbors with the same exact thing. And those others are not tastefully done and he at least run water back into a gutter system. He is making sure his water doesn't encroach on the neighbor. Those can be removed. We do have the application for the permit for the addition. He knows that there are going to be some hurdles, because he has two young kids, to get this inspected. He owns an electrical company. He did all the plumbing and the framing. He has a structural engineer stamp that says everything is met to code. This is exactly how any engineer would say it should have been built. All that has been turned into the city. The city said that they will start review, Friday, which so happens to be Veteran's Day, so I doubt it starts Friday, so it probably gets pushed to Monday but at this point I'm in for permitting. If they want the structure removed, then he will have his guys remove it this weekend if that will get them through the next step of permitting then we are moving in the right direction. Obviously, there's going to be some walls that probably have to be opened up, some sheet rock to see plumbing. He already had a third party inspection company already signed off and he has documentation of everything. That part will probably get tricky on how much he has to remove. He has 14 foot ceilings that are tiled all the way to the wall. He is going to push back if that has to be removed. He is going to argue that he can remove the other side and it can be seen from that other side. As a homeowner he can do all of these things without a permit. Sorry, not without a permit but without a trade license. He has done some energy code test and there are some things that need to be fix. He has held off on fixing those things because he doesn't want workers working while there is a stop work issued. He has turned in the energy comp. He still needs to do the blown insulation. He doesn't know how long the permitting process is going to take as he believes he has answered all the questions. There are going to be energy issues with this old house and trying to bind it with the new structure so. He has engineered concrete, and engineered wall bracing. The only thing he lacks to complete this addition is to finish the energy efficient application. Chairman commented that the city is not going to approve the permit until those structures are removed. He stated once they are removed do not put them back up unless you get approval from the City. Mr. Johnson said understood that carports are not allowed. Chairman Crowson asked the Board if they had any questions. Mr. Caulkins asked Mr. Pendley if the issue with the surrounding structures the setback requirements Mr. Pendley is responded yes. The two small ones on the South there, if they're detached and less than 144 square feet, they don't need a permit but they do need to meeting zoning requirements. The one in the rear has to be 3 feet from the side property line. The other one that is attached to the house is considered part of the house and it has to meet the setback requirements. Substandard Building Board Meeting November 8, 2022 Page 14 of 26 Mr. Johnson asked Mr. Pendley the building that's attached to the house, is really not attached to the house. It just uses the exterior as a wall, but it is not physically attached to the house so is there still a setback requirement from the house. Mr. Pendley responded that he would he need to send someone out to look at it but it is not attached to the house then it still needs to be 3 feet from the property line. Mr. Johnson commented that it is 4 feet off the property line. 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 30 days of the board order. • The building be repaired within 90 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; o A civil penalty may be assessed against the property for failure to repair the structure within the allowed time frame in accordance with Chapter 98, Sec 98-40. The penalty may be assessed at $10.00 per day that the property remained in violation of the Ordinances of the City of North Richland Hills since the Notice and Order was issued on September 28, 2022. Chairman Crowson asked for clarification from Ms. Martinez that the city will not approve the permits until the structures are removed. Ms. Martinez responded that is her my understanding Mr. Caulkins asked Mr. Pendley even though you can't issue the permit, you could be doing the review in concurrent with Mr. Johnson removing those structures so that would allow the permit to be issued within a few days of structures being removed, is that correct. Mr. Pendley responded that is correct. They will start the review process later this week like Mr. Johnson stated but it just won't be issued for construction until those structures get removed. Chairman Crowson asked the Board if anyone had any questions. Mr. Johnson asked Mr. Pendley when they could meet at the property to at least look at the one structure. Mr. Pendley responded that he probably could have one of his inspector go out there the next day and he might even go with him assuming he will be there. Mr. Johnson asked Mr. Pendley for a timeframe. Mr. Pendley stated he wasn't sure as he one other inspection but he has his phone number and will give him a call. He said probably before noon. Chairman Crowson closed the public hearing. The Board discussed different verbiage and timeframe options. Substandard Building Board Meeting November 8, 2022 Page 15 of 26 MR. JOHN COPE MOVED TO ENTER THE FOLLOWING ORDERS FOR SBB 2022-95 DETERMINING 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 THAT THE RESIDENTIAL STRUCTURE IS HEREBY FOUND TO BE SUBSTANDARD 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 90 DAYS. IF THE PROPERTY OWNERS FAILS TO COMPLY FULLY WITH THIS ORDER, THE CITY IS AUTHORIZED TO 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 OF THE ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS SINCE THE NOTICE AND ORDER WAS ISSUED ON SEPTEMBER 28, 2022. MR. BILL WAIT SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. C.7 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. 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 7800 Irish Drive. Ms. Martinez provided the Board with an overview of action taken to date for the structure located at 7800 Irish Drive. • September 8, 2022 Neighborhood Services Director Stefanie Martinez observed a chain-link fence to be unsecured where several units were damaged due to a fire that occurred three months ago. • September 9, 2022 a case was initiated by Neighborhood Services Director, Stefanie Martinez. She observed several units damaged due to a fire. She emailed a Notice and Order to the property owners of Davis Plaza Apartments. • September 10, 2022 - Officer Horne observed the unsecured fence to now be secured and locked. Photos taken. Substandard Building Board Meeting November 8, 2022 Page 16 of 26 • September 12, 2022- Horne spoke with Penny Sheetz, the Supervisor for Class A Management, LLC via phone to discuss the existing code violations and to provide a plan of action on how the buildings would be scheduled for repairs. • September 14, 2022 — Horne received email from Penny Sheetz, of the area that is now cleaned up and secured at Davis Plaza Apartments. She also stated that they are still waiting for the insurance to complete their process before they can start repairing the buildings/units. She will update Officer Horne as soon as they have a plan for the repairs to the fire damaged buildings/units. • October 20, 2022 - Officer Horne observed the existing fire damaged buildings, no change fence remains secured and lock. Photos were taken. • October 25, 2022 — Director Stefanie Martinez spoke with Gordon Nicholson via phone who identified himself as the owner. He explained that they currently have two bids for repairs to the existing fire damage and are awaiting the third bid. They have also hired a Public Adjustor. They hope to get the third bid in soon so they can evaluate them and select one. It was explained a detailed plan of action would need to be provided to the Board so that they can evaluate it. It was also explained that the ordinance requires a plan of action in order for the Board to give more than 90 days to complete the work. Ms. Martinez presented several photos of the property. Photos included: • Photo of the Notice of Hearing posted on the fence and the fire structure in the background. • Photo was taken on the day Ms. Martinez was driving the area and observed it. Phot showing the fence open and the burn structure. • Another photo of the burn structure in September 2022. • Additional photos showing the damage to the front of the structure. • Photos showing the damage to the side of the structure. • Additional photos showing the outside of the building. Ms. Martinez informed the Board that she will defer until the representative here has had a chance to speak before presenting staff recommendation. Chairman Crowson asked Ms. Martinez you just drove around and found this, does the Fire Department not communicate with your department about structures that burn. Ms. Martine responded we do communicate, although sometimes it's delayed. There was a mishap where they thought we were being included on the emails regrading fire damage properties but we were not. That has been corrected so we are now being informed of fires in a more timely matter. Chairman Crowson opened the public hearing Ms. Debbie Conway with Class A management stepped forward. Substandard Building Board Meeting November 8, 2022 Page 17 of 26 She advised the Board that they have secured a contractor now, Belfour Restoration. They will be working with the city on getting permits and plans and working with what we have to do. Based on this kind of damage, we're probably looking at six months to rebuild. She doesn't think it can be done in 90 days, but they can get an action plan for the Board and present it to the city. Chairman Crowson asked Ms. Conway if she thinks they will demolish. Ms. Conway responded no; they are going to rebuild. They have gotten everything they need from the public adjuster. We worked with the insurance company and now we have secured our contractor so they should be reaching out to the city next week. They have started the asbestos abatement. They have to do that before they can go in and work so that was done today. Once the results comes back, they'll be able to start work, but they'll get with the city and get permits. Chairman Crowson asked the Board if they had any questions. Mr. Caulkins asked Ms. Conway if she had a timeframe how quickly those permits can be secured. Ms. Conway responded that the contractors will be reaching out the city next week to get those permits. She does know because they've done other fires for her before it takes about six months to complete what they're going to do. First, they will do the roof and get that all cleaned up. 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. • The building be repaired within 90 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; o A civil penalty may be assessed against the property for failure to repair the structure within the allowed time frame in accordance with Chapter 98, Sec 98-40. 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 September 9, 2022 and received on September 13, 2022. Mr. Caulkins asked Ms. Martinez given that we do have a 90 day limit due to no action plan being provided and if it does require 6 months that the Board in a future session could extend the timeframe. Ms. Martinez responded yes city staff could bring this case back to the Board and ask for maybe a reconsideration. Of course, we would like to see some action taken by then. She would not be favorable for an extension if we get to 90 days and no action has been taken. Mr. McCarty asked Ms. Pendley once application for permits have been applied for how long does it take to get reviewed. Mr. Pendley responded that when a permit is applied Substandard Building Board Meeting November 8, 2022 Page 18 of 26 for on a Substandard Building Board case, he gets involved and the permit will usually get issued within 15 days. Chairman Crowson recessed the Substandard Building Board so they may confer privately with its attorney to seek legal advice in Executive Session at 7.08 p.m. Chairman Crowson called meeting back into session at 7.19 p.m. Ms. Conway informed Ms. Martinez that she believes she has an action plan available. She is trying to access her email through her phone. Ms. Martinez gives her an email address to send it to and she can display it to the Board. Ms. Martinez displays the documentation she received and it is determined that the documentation provided is an actual bid and not an action plan. Chairman Crowson closed the public hearing. MR. DANIEL CAULKINS MOVED TO ENTER THE FOLLOWING ORDER FOR SBB 2022-96 DETERMINING 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 THAT THE MULTI-FAMILY RESIDENTIAL STRUCTURE IS HEREBY FOUND TO BE SUBSTANDARD 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 MULTI-FAMILY RESIDENTIAL STRUCTURE MUST BE COMPLETED WITHIN 90 DAYS. IF THE PROPERTY OWNERS FAILS TO COMPLY FULLY WITH THIS ORDER, THE CITY IS AUTHORIZED TO BRING THE PROPERTY OWNER BACK TO BOARD TO REQUEST A CIVIL PENALTY. A CIVIL 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 SEPTEMBER 9, 2022 AND RECEIVED ON SEPTEMBER 13, 2022. MR. BILL WAIT SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. 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, 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. APPROVED Chairman Crowson swore in Victor Huhem. Chairman Crowson called on Stefanie Martinez, Director of Neighborhood Services, to present the case. Substandard Building Board Meeting November 8, 2022 Page 19 of 26 Ms. Martinez presented an area and zoning map of the property located at 8359 North Harwood Road. Ms. Martinez provided the Board with an overview of action taken to date for the structure located at 8359 North Harwood Road. • July 28, 2022 - Building Inspector Gary Taylor compiled a spreadsheet with the existing code violations at the apartment complex, Tides on Hardwood. • August 9, 2022 - Building Inspector Gary Taylor and 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. • August 10, 2022 — Gary Taylor observed trash/debris along the street and throughout the complex, Gary sent an email to Louie West, Senior Regional Asset Manager and Esmeralda Castro-Moreno, the Community Manager informing them the trash/debris needed to be removed. • September 28, 2022- The Notice and Order was mailed. • September 30, 2022 — Officer Horne received an email from Esmeralda Castro- Moreno, the Community Manager. Castro-Moreno informed Horne that the carport repairs have been approved, should start soon, and completion should be no later than 30-days. The HVAC, insulation/exposed wiring and irrigation was completed. The dead trees & shrubbery have been removed, pending the approval to move forward with having a contractor to cut back all trees away and off buildings. Roofing repairs have been completed on various buildings. • October 20, 2022 - Officer Rayneice Horne posted the Notice of Hearing on the front door of the leasing office, a photo was taken. • October 20, 2022 - Building Inspector Gary Taylor received the engineer report of the carports in phase one of the apartment complex via email. The structural engineering report outlined the reported distress in the carport structures. Ms. Martinez presented several photos of the property. Photos included: • Photo of the Notice of Hearing posted on the front door. • Photo exhibits the cracks in the wall, which shows that there's some structural issues. • Photo showing damage to the AC connections and the condition of condensers out there. • Photo of some rotten wood and the rotten wood was painted over instead of being replaced before being painted. Substandard Building Board Meeting November 8, 2022 Page 20 of 26 • Photos of the carports that engineers report was detailing. It rotted on the metal I beams. • Photo of the debris overflowing from the dumpsters. • Additional photos showing the structural cracks in multiple buildings. • Photos of the interior showing the shifting in this structure. Cracks in the wall. The windows that are not lining up. Ms. Martinez informed the Board that she will defer until the representative here has had a chance to speak before presenting Staff recommendation. Chairman Crowson asked Ms. Martinez if she is talking about the whole apartment complex or if it is one particular building that is substandard. Ms. Martinez responded there are multiple buildings that are in distress at this point, and Building Inspector Gary Taylor is also here. He has been the one working with this property and can identify the different buildings that are in violation as well. Chairman Crowson asked about how many buildings are we talking in total. Mr. Taylor responded there are over 24 buildings. Chairman Crowson asked if the apartments are occupied. Ms. Martinez responded she knows a majority of them are. She knows that Inspector Taylor did request a list of all the vacant units. I believe it's the intent not to allow releasing of those until the violations have been repaired. Chairman Crowson opened the public hearing. Mr. Huhem advised the Board that he represents this company on several properties. They are large international group. They have several properties in the state of Texas. They've recently done quite a bit of purchasing in the last couple of years. He thinks this property is a recent purchase this year. They put a lot of money into their properties. They take over properties and they fix them up. This one is a very large property and. It is, in his experience, typical to have the foundation issues in Texas, unfortunately. They're working with those issues in an orderly fashion. In his opinion, they've taken care the majority of the issues. He doesn't know if the officer is present but he believes the majority of the items that were pointed out have been addressed. Most of them have been completed. They're still working on some other parts. They sent him a copy of a $24,000 charged invoice and a check that was paid on October 20, 2022 to a foundation company to do some structural work. I'm basically here just to kind of vouch for this company. They want that property to be in better condition. He is interested to hear if the officer has gone out there and found that they haven't been addressing issues, but they've been spending a lot of money since day one this property. Chairman Crowson commented based on the photo taken a few days ago some of the items haven't been addressed. Mr. Huhem commented that he noticed some of those photos were taken in October and some were taken before October of cracks in the brick. The most recent photos he believed were structural issues. I have the invoice from the structural company and the Substandard Building Board Meeting November 8, 2022 Page 21 of 26 check they paid pretty significant to get this fix. He knows that these issues are being addressed. Chairman Crowson asked Mr. Huhem if he has visited the property. Mr. Huhem responded no; he hasn't been on site to see these. He has represented this company for about a year now. Chairman Crowson asked Mr. Huhem if he has a plan of action on when all these issues will be remedy. Mr. Huhem responded unfortunately due to supplies shortage and things are taking a little longer but they are fairly quick. Looking at the photos he isn't sure if the cracking in the brick has already been addressed. The foundation that caused the cracking has been addressed. He isn't sure what the plan is to seal that up as that is not his area but he can certainly have them provided an action plan. Unfortunately, he didn't have a lot of notice for this hearing so he wasn't able to get everything together, but they can certainly submit an action plan within two weeks. He isn't aware of any issue with this client as far as not being proactive with putting money into properties. Mr. Cope asked Mr. Huhem when did they acquire the property. Mr. Huhem responded he is guessing around June 2022. Mr. Cope commented you're guessing. Mr. Huhem responded that it was bought this year. They bought a lot of property this year. He isn't sure when this one was purchased. Mr. Cope asked Mr. Huhem do they due diligence studies of properties before they acquire them, Mr. Huhem responded yes, they do but their area is purchasing properties that need work and make the repairs. Mr. Cope asked Mr. Huhem so when they go in, they've assessed the property, and they know it needs work, they know what they're going to do because they've had to assess that cost when considering what they're going to pay for the property so why don't we have an action list of what they're going to do. Mr. Huhem responded that he sure that he can get it but he is only saying a couple weeks as he doesn't know if it's out there, but one could exist right now. Mr. Cope asked Mr Huhem are any of those units occupied that have windows like that. That may not be able to be opened in the event of an emergency. Mr. Huhem responded he also handle any landlord tenant liability issues and he would be surprised if there's any unit occupied that has a window that won't open. Mr. Cope asked Mr. Huhem if he knew of any studies that had been performed by the owner to ensure that is the case. Mr. Huhem responded no he doesn't. Mr. Caulkins asked Mr. Huhem with these foundation repairs typically requires a permit, do you know if the foundation repair company pulled a permit with the city for those repairs. Mr. Huhem responded he would guess they did. I have the invoice and he hoped that amount included the permit. They used a third party company for that repair. They have a maintenance team that handle smaller repairs. He would be surprised if the third party company didn't pull the permit and he can't answer as he doesn't know. Mr. Pendley commented that he didn't see where a permit was pulled on the foundation repairs. Substandard Building Board Meeting November 8, 2022 Page 22 of 26 Mr. Caulkins commented that it I key to get proper permits pulled because that allows the city to come in and inspect those improvements and allows the building department to get engaged with reviewing if there are any structural defects that need to be addressed. It certainly looks like with some of the settling, that the building department may be looking for some reports from the structural engineer, which I guess on the carport there already is one and evaluating what's going on and in assessing what repairs may need to be made. Ms. Martinez advised the Board that Inspector Gary Taylor is available to address some of their questions. He has been personally out there and has been working this property so he can be on the record addressing those questions. Building Inspector Gary Taylor stepped Building Inspector Taylor advised the Board that he handles all the inspections for all the 42 apartment communities in the city and all the hotels, motels, and retirement centers. He used to rehab apartment complexes all over the United States. He has never seen one painted without the wood work being replaced. They have gotten 7 permits to do foundation work. Building six was one of those and the brick on the north side of Building 6 is in imminent failure. Some of the cracks you could stick your finger. Building 18 is very similar. When you start a 3 story building and it starts cracking like that it goes up to column. All stacks are affected. This all started by not having the irrigation turned on. You would have cracks in the ground that you could stick your hand in. He would drive by the property every day to see if they've done stuff. They have done some tree and shrub removal. We asked that the carports to be evaluated, which we did. The engineer said he wanted them torn down, but there are other options. Chairman Crowson asked Building Inspector Taylor if had seen any foundation repairs been done as stated by Mr. Huhem. Building Inspector Taylor responded yes and he inspected those repairs. When work comes up like this on an apartment complex and they get a permit, he gives them his cell phone number so they can call him and come out and do the inspection. Once inspection is done, he goes back into the officer enter the data. Chairman Crowson asked the foundation repairs that he had seen and inspected were they up to standard. Building Inspector Taylor responded no, it's not up to standard because they didn't even implement the irrigation systems again. Building 6, for example, on the north wall, that building had extensive foundation work. The brick has not been repaired. The veneers, the cracks are still open. Building 2 faces Hardwood and the brick started to fall off the wall as they were jacking the building. We have three properties in the city that have brick problems, foundation problems because they don't irrigate. They don't keep the soil to the right content. When Code Office Horne and I met with Louie and the other staff members, we asked that they give us a schedule of what you are going to do, a timeline and we could work with them. This was to keep Code Compliance Department away from them but never received anything. Now, Code Compliance Department is involved. We have 42 properties and he hasn't had the participation he normally gets from staff and regionals and owners. He hasn't gotten responses. He did ask them when they bought the property and they painted it white if that was the primer, because now he can see every little detail that's wrong through the fence along the Hardwood, it's going to need to be reworked. Several buildings are Substandard Building Board Meeting November 8, 2022 Page 23 of 26 going to have to be either rebricked or some other veneer put on it. Building 6 is the worst and building 18 is seconded. Chairman Crowson asked if nobody lives in these apartments. Nobody lives in these apartments. Building Inspector Taylor responded funds have been limited. He has seen this before as he rehabbed apartment complex three or four years before coming to the city. You always did an assessment of the brick, the veneer, and the wood trim. You would prime it and painted it before you put it up. They just shot it all over the labels on the meters, the air conditioning units. They just over sprayed. He wouldn't have accepted the work, but there's no permit required for that. He has a very good relationship with most all the properties and all the owners. All the rehabs he has seen in 18 years, this has been one of the worst. Mr. Caulkins asked Building Inspector Taylor in the foundation repair work, had it just occurred in the last two months or has it been occurring over a longer period of time. Building Inspector Taylor responded that the irrigation worked when property was owed by Northstar. The irrigation system was up and running. The irrigation systems effects the building foundation, fire lanes, entrances in and out of the property. When the irrigation was stopped and they did the repairs on the foundation, they brought it up to a certain level and then with all the cracking and the properties ground, we recommended they start the irrigation system. When they did that, that soil got saturated again and pushed the buildings up and so now the brick is failing again. They had one that we did allowed them to put hardy siding on because the wall was falling off. Building Inspector Taylor advised the Board that he gave Building Management a very extensive list of his inspection and asked that they provide a timeline on what they were going to do and no response. Within the last month, most of complaints are coming from this property. The complaints consist of cracking, doors won't shut, windows won't open, cabinets pulling away from the wall. It needs work. It is going to require a lot of money to make the necessary repairs. Chairman Crowson asked Ms. Martinez if the city request some sort of certificate of occupancy. Ms. Martinez responded yes, with new ownership or change of ownership. Chairman Crowson replied for individual/rental units. Ms. Martinez responded no, not for individual/rental units but for individual buildings on apartment complexes. Ms. Martinez informed the Board regarding a question earlier about when the property was transferred with this new owner, it looks like the deed was filed in May of 2021. Ms. Martinez asked the Board if they had any other questions. Mr. Cope asked if anyone has inspected each individual apartment to ensure that those residents have free egress through the windows and through the doors and that they are not impaired by doors that don't function anymore because of the shifting that's taking place. Building Inspector Taylor responded that was his next step to do interior inspections as he has done that to several apartment complexes in the past. He is also taking units out of service they can't rent out until those units have been fully inspected. Once the unit becomes vacant and before they start rehab, he is inspecting those units. Building Inspector Taylor asked Mr. Cope if he answered his question. Mr. Cope responded well, partially, but there are folks living there now. Those units haven't been Substandard Building Board Meeting November 8, 2022 Page 24 of 26 inspected and presumably are suffering the same. Building Inspector Taylor responded that the rate of complaints coming in is so rapidly that he is inspecting a quite a few a week. Mr. Cope commented that he understood Building Inspector Taylor limits. He isn't actually holding him responsible to do this He is concerned for the residents who are living in these circumstances that may not be in a safe circumstance as a result of this property. Building Inspector Taylor commented they are starting to lose tenants because of these issues. Mr. Pendley responded to Mr. Cope question; we don't inspect every single unit every time inspection. We have had some circumstances when we are trying to get compliance that we do start doing individual unit inspection. The logistical problem with this particular property is that they have over 400 units in both phases and there is coordination with the occupant to let us in. Lot of people don't want to let us for different reason so we can't get into them all. Building Inspector Taylor commented that we have over 9000 units in the city right now. Chairman Crowson asked the Board if they had any other questions for the city. 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. • The buildings 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; o A civil penalty may be assessed against the property for failure to repair the structure within the allowed time frame in accordance with Chapter 98, Sec 98-40. 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 September 28, 2022 and received on October 17, 2022. Chairman Crowson closed the public hearing. MR. BILL WAIT MOVED TO ENTER THE FOLLOWING ORDERS FOR SBB 2022-97 DETERMINING THE PROPERTY 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 THAT THE MULTI-FAMILY APARTMENT COMMUNITY STRUCTURES ARE HEREBY FOUND TO BE SUBSTANDARD 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 Substandard Building Board Meeting November 8, 2022 Page 25 of 26 TO THE MULTI-FAMILY APARTMENT COMMUNITY STRUCTURES MUST BE COMPLETED WITHIN 60 DAYS. IF THE PROPERTY OWNERS FAILS TO COMPLY FULLY WITH THIS ORDER, THE CITY IS AUTHORIZED TO BRING THE PROPERTY OWNER BACK TO BOARD TO REQUEST A CIVIL PENALTY. A CIVIL 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 SEPTEMBER 28, 2022 AND RECEIVED ON OCTOBER 17, 2022. ROBERT MCCARY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. D. ADJOURNMENT Chairman Crowson adjourned the meeting at 8.18 p.m. Brian Crowson, Chairman ATTEST: Audrey Cappallo, Executive Secretary Substandard Building Board Meeting November 8, 2022 Page 26 of 26 "K NOKTH KICHLAND HILLS SUBSTANDARD BUILDING BOARD MEMORANDUM FROM: Neighborhood Services DATE: February 21, 2023 Department SUBJECT: SBB 2022-92 Public hearing and consideration as to whether the structures on 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 remain substandard within the meaning of the city's ordinances and order repair or demolition of the structures and/or assess a civil penalty for non-compliance of the previously issued Order. PRESENTER: Stefanie Martinez, Director of Neighborhood Services SUMMARY Neighborhood Services will present evidence to the Board for consideration as to whether the single family structure and accessory structures remain substandard as described in Chapter 98 of the City of North Richland Hills' Buildings Ordinance as well as non- compliant with the previously Order of the Substandard Building Board. BACKGROUND INFORMATION The property is located at 7408 Bursey Road and is zoned R-2 Residential and consists of a single-family residential structure as well as several accessory structures. The property is located north of Cross Timbers Park east of Douglas. The property is vacant and owned by Charlsey Waugh General Partnership. The member(s) of the partnership reside in Mesquite. • April 29, 2020 — Case was initiated. Officer Matthew Hall observed an accessory structure in the rear of the property to be vacant and open. Notices of violation posted on front door and mailed to the property owner. Previous code violations had been initiated and resolved for high grass and stagnant pool in April 2020. • May 12, 2020 — Officer Matthew Hall completed a re-inspection and observed the front yard had been mowed but did not see any other changes. He sent an email to Amy Moss, a member of the partnership, requesting an update on the property. Officer Hall received a call from Tanner Moss, her son, who stated he will be working on abating all the other issues/violations on the property this week and will contact Officer Hall to meet, to conduct a full inspection of the property and confirm the violations had been abated. • June 9, 2021 — Officer Hall received an email from the North Richland Hills Police Department in regards to the condition of the property. Hall observed the high grass and weeds violation, but was unable to verify if the swimming pool was "K NOKTH KICHLAND HILLS stagnant. He was also unable to confirm if there were any open entries to the structures on the property. Tanner Moss denied the City entry to the structures on the property. • June 23, 2021 — Officer Hall was allowed to complete only an inspection of the exterior and rear yard areas. The pool had been cleared of water but still has some green moss at bottom. Mr. Moss was also informed to secure the two open doors at rear, mow the rest of the grass and remove the trash and debris on the property. Tanner Moss advised he would be out the next day to work on the location. • October 12, 2021 — Hall observed the violations remained with the exception of the high grass/weeds which was in compliance. • June 15, 2022 — Hall observed some cleanup had taken place since the previous inspection but an appliance stored on the side rear yard remained as well as litter and debris present near the carport. Hall also observed a coyote exit the rear of the premises where the pool pump utility room was located near the second story landing staircase at the rear of the structure. Hall notified Animal Services of this sighting. He also noted that there were holes in the wooden soffit near the roofline at the east side portion of the structure and visible from the front yard, along with trees overgrowing and some dead limbs and branches hanging from trees in the front yard. • June 24, 2022 — Through an Administrative Search Warrant city staff entered the property. They observed substandard conditions in the single-family residential structure, the two-story addition to the single-family residential structure, and the three accessory structures. The single-family residential structure was filled with a large amount of household items and furniture, some areas were so filled that egress was limited if available at all. Further observation exposed electrical wiring, exposed plumbing, rotten/broken/missing interior walls & sheet rock, and rodent infestation was also observed. 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 structure 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. Tanner Moss emailed staff about the plans for the property. He stated it was to be placed up for sale. He also stated the intent to clear the property of vegetation. A trailer was on site to remove the debris. • August 18, 2022 — Officer Hall took photos of the property showing the continuous progress. The appliance, cut tree trunks and limbs remained at the property. Officer Hall emailed Tanner Moss requesting the remaining items be removed from the property. • August 23, 2022 —The Notice of Hearing was posted at the property. Hall observed a majority of the accumulation was removed. The vegetation was trimmed. The "K NOKTH KICHLAND HILLS substandard conditions remained at the property with no changes observed, photos were taken. Property is listed online for sale. • Since the inception of the case in April of 2020, the ownership has removed all the accumulation on the exterior and mowed, trimmed and cleared the vegetation over the entire property. In August the property was listed for sale. The substandard conditions remain at the property. • September 13, 2022 — The agents for the owner appeared at the hearing and stated their intent was to sell the property. The Substandard Building Board issued an order to the property owner to obtain any required permits within 45 days and complete all required repairs within 60 days; or the structure must be demolished and the foundation cleared. • November 28, 2022 — An email was received from Tanner Moss to city staff providing an update regarding the property. It stated the property continued to be maintained (mowing and pool draining). It also stated that the property owners "have applied for permits to begin working on the property to bring the inside up to code." Further, the intent was to take it off the market and begin the repair process. As of Tuesday, February 8, 2023, no permit applications have been received to repair these structures. Additionally, a listing on realtor.com shows this property is available for $700,000.00. ANALYSIS .. � :. 6 gqV! f ,. ..._.._.. ,..m .. . .....�, ........ 1 J F .. . ! .. ... � . 1 rz, i _ �a � . . �. .. ,ra a_1 I... : f . — l ....... ... ... e ...,� .,,�._,.ee ..........__ ��. .��.. f t®,Y`B„`4 Y 1 r.ee""'f r.�.aq;�;d�w�dA�,r�`�u:, m„ ....1.„ .. "K NOKTH KICHLAND HILLS STAFF RECOMENTATION Staff recommends that the Substandard Building Board find the structures on the property located at 7408 Bursey Road remain substandard and non-compliant with the September 13, 2022 Substandard Building Board Order. Staff further recommends that the Board issue a civil penalty in the amount of $41,000.00 which is $1,000.00 per day that the property has remained in violation of the Ordinances of the City of North Richland Hills since the deadline to comply with the Order previously issued on September 13, 2022. Staff also recommends that the authorization issued to the City to demolish the structure in the September 13, 2022 Board Order remain in effect. D223018697 02/06/2023 04:28 PM Page: 1 of 10 Fee: $55.00 Submitter: Audrey Cappallo Electronically Recorded by Tarrant County Clerk in Official Public Records MARY LOUISE NICHOLSON COUNTY CLERK NlkH Code Compliance CITY OF NORTH RICHLAND HILLS Notice of Hearing — Substandard Building Board February 6, 2023 Certified/Return Receipt Requested (Cert. #7017 2620 0001 0374 63255) Charlsey Waugh General Partnership 1228 Lakeshore Drive Mesquite, Texas 75149 Re: SBB 2022-92; 7408 Bursey Road, legally described as Block 1, Lot 11, of the Oak Ridge Estates (NRH) in North Richland Hills, Tarrant County, Texas Notice is hereby given that a meeting of the City of North Richland Hills Substandard Building Board will be held at 6:00 PM on Tuesday, February 21, 2023, at the City of North Richland Hills City Hall, 4301 City Point Drive, Council Workroom, 3rd Floor, North Richland Hills Texas 76180. A public hearing will be held to consider action regarding 7408 Bursey 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 dated September 13, 2022. To date, the property has not been brought into compliance in accordance with the September 13, 2022 order. The Board may assess civil penalties against the property owner and authorize the demolition of the property for non-compliance of the 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. Sincerely, Stefa re Martinez, Neighborhood S rvices Director Given under my hand and seal of office the �day of February, 2023. 4301 City Point Drive • North Richland Hills, Texas • 76180 Phone 817-427-6663 • Fax 817-427-6667 D223018697 Page 2 of 10 NlkH Code Compliance CITY OF NORTH RICHLAND HILLS ,, iat:;iiEY CAPPALLO 4fx"� r11-14 1/2 `2 _rae;ar-j Public.State of Texas Notary blic i andor e State of Texas "Z rf_mm.Expires 02-19-2024 1 F=`ior ID 126417518 v My Commission Expires: cc: Charlsey Waugh General Partnership c/o Amy Waugh and Tracy Moss 1228 Lakeshore Drive Mesquite, Texas 75149 (Cent. #7017 2620 0001 0374 6332) Charlsey Waugh General Partnership c/o Tanner Moss 1813 Clarence Street#1 Dallas, Texas 75212-2794 (Cent. # 7017 2620 0001 0374 6349) 4301 City Point Drive • North Richland Hills,Texas • 76180 Phone 817-427-6663 • Fax 817-427-6667 D223018697 Page 3 of 10 ORDER OF THE SUBSTANARD BULDING BOARD CITY OF NORTH RICHLAND HILLS ORDERING REPAIR OF SUBSTANDARD BUILDING SBB 2022-92 WHEREAS, a public hearing was held on September 13, 2022 before the Substandard Building Board ("Board") of the City of North Richland Hills regarding the building on the property located at 7408 Bursey Road, in North Richland Hills, Tarrant County, Texas; also known as Lot 11, Block 1, Oak Ridge Estates; and, WHEREAS, the records of the office of the county clerk indicate that Charlsey Waugh General Partnership is the record owner ("owner") of the property; and, WHEREAS, notice of the public hearing was mailed to the owners, to mortgagees, and to lienholders of record, if any, at least ten (10) days prior to the date of the hearing; and, ill WHEREAS, the Board finds that the defects or conditions set forth on the NOTICE and ORDER of NEIGHBORHOOD SERVICES DIRECTOR, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the building; and WHEREAS, the Board finds from evidence presented at the public hearing that the building is substandard and in violation of the minimum standards set forth in Section 98-462 of the Code of the City of North Richland Hills; and, WHEREAS, the Board further finds that Qj days is a reasonable period of time for the building to be repaired or demolished; and, WHEREAS, the Board further finds that it is reasonable to authorize the City to demolish the building if the property owner fails to complete the repairs within the S days i and to assess the cost of such action against the property without any further otfce 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. NOW, THEREFORE, THE BOARD HEREBY ORDERS THAT: 1. The property is hereby found to have upon it a substandard building by reason of conditions set forth in the notices of this hearing. Such notices are hereby incorporated in this order. 2. It is hereby ordered that the following shall be completed: • Any required permits must be obtained within days. Order of the City of North Richland Hills Substandard Building Board Page 1 of 2 D223018697 Page 4 of 10 • All repairs must be completed or the structure must be demolished and the foundation cleared within C�o days. 3. It is further ordered that if such corrective action ordered above is not completed within the time there allowed the City of North Richland Hills is hereby authorized to demolish the structures and to 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. FAILURE TO COMPLY WITH THIS ORDER may result in the scheduling and conducting of a civil penalty hearing in order to determine the amount of penalty to be paid. The Code of the City of North Richland Hills, Sec. 98-470, "Civil Penalty" amount not to exceed $1,000.00 per day per violation unless the property is the Owner's lawful homestead in which case the civil penalty amount not to exceed $10.00 per day per violation. PASSED AND APPROVED THE DAY`O SEPTEMBER 2022. L Brian Crowson, Chairman GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS -Z�t� DAY OF SEPTEMBER 2022. i + a+ AUDFEY CAPPALLO Public,State of Texas -Notary ¢: :ya Comm.Expires 02-18-2024 Notary ID 126417518 Notary Publi I i 4 i i i I d a 1 i Order of the City of North Richland Hills Substandard Building Board Page 2 of 2 D223018697 Page 5 of 10 EXHIBIT #—tL NRHCode Compliance CITY OF NORTH RICHLAND HILLS August 2, 2022 Charlsey Waugh General Partnership Certifled(Return Receipt Requested 1228 Lakeshore Drive (Cent. # 7017 2620 0001 0374 5434) Mesquite, Texas 75149 RE: Notice and Order of the Director of Neighborhood Services of the City of North Richland Hills—7408 Bursey Road, legally described as Oak Ridge Estates (NRH) Block 1 Lot 11, in North Richland Hills,Tarrant County,Texas (the "Property"). Mrs. Charlsey Waugh General Partnership: NOTICE IS HERE BY GIVEN by the Director of Neighborhood Service of the City of North Richland Hills, Texas, of the buildings and premises, which includes the single-family residential structure, the large accessory structure and the shed structure located at 7408 Bursey Road. The premises are in violation of the North Richland Hills Code of Ordinances Chapter 98, Section 98462 - Standards. As a person who owns or controls the Property, you are responsible for maintaining the Property in a safe and sanitary condition. According to the real property records of Tarrant County, you own the real property described in this notice. If you no longer own the property, you must execute an affidavit stating that you no longer own the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to this office not later than the 2011 day after the date you receive this notice. If you do not send the affidavit, it will be presumed that you own the property described in this notice, even if you do not. The following violations of the North Richland Hills Code of Ordinances including the Fire Code, and other International Codes as adopted and amended by the City exist on the Property: a. Any building or portion thereof which is determined to be an unsafe building under the building code; or any building or portion thereof, including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the conditions referenced herein shall be deemed and hereby are declared to be substandard buildings. The structures at this address was identified to be in violation of Chapter 98, Section 98462 of the City of North Richland Hills Code of Ordinances. A courtesy copy of the ordinances is attached to this notice as Exhibit A. You have seven (7) days from the delivery of this notice to abate and remedy all of the violations listed herein. If you fail to comply with this notice and order, the City may take any action necessary to remedy the violations on the Property. Suit may be filed in district court requesting injunctive relief. This 3 I 4301 Cit} Point Drive • North Richland[--fills,Texas • 76180 Phonc 817-427-6663 • Fax 817-427-6667 D223018697 Page 6 of 10 EXHIBIT NRHCode Compliance CITY OF NORTH RICHLAND HILLS suit may seek civil penalties of up to $1,000.00 per day, per violation, for each day a violation exists on the Property as provided by Chapter 54 of the Texas Local Government Code. Remedies may be requested under other law as necessary and appropriate; including the placement of a lien upon the Property for any costs incurred by the City to remedy these violations. In addition, the City may file Class C misdemeanor complaints for each of the violations existing on the Property in an amount ranging from $500.00 to $2,000 per day, per violation, depending on the violation. If you have any questions or reasonable proposals as to a prompt resolution of these matters, please call me at 817-427-6655. Failure to comply with this notice and order, within seven (7) days of receipt of this Notice of Order will result in this property being scheduled for hearing before the Substandard Building Board or citations will be issued. i Sincerely, I , j �T defa Martinez, Direct r Neighborhood Services Code Enforcement Officer#2515 Enclosed: Courtesy Copy of Ordinances i cc: Charlsey Waugh General Partnership c10 Amy Waugh and Tracy Moss 1228 Lakeshore Drive Mesquite, Texas 75149 (Cert. #7017 2620 0001 0374 5441) Charlsey Waugh General Partnership c/o Tanner Moss 1813 Clarence Street#1 Dallas, Texas 75212-2794 (Cert. #7017 2620 00010374 5458) =4301 City Poi�u Drive • Noith Richland I tilts,Texas •76180 Phone 81 7-41-7-6663 • Fax 817-427-6667 D223018697 Page 7 of 10 EXHIBIT #-L Sec.98-462.-Standards. (a) Generally. Any building or portion thereof which is determined to be an unsafe building under the building code; or any building or portion thereof, including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the conditions referenced herein shall be deemed and hereby are declared to be substandard buildings. (b) Inadequate sanitation. Buildings or portions thereof shall be deemed substandard when they are unsanitary. Inadequate sanitation shall include, but not be limited to,the following: (1) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodginghouse. (2) Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. (3) Lack of, or improper kitchen sink in a dwelling unit. i (4) Lack of hot and cold running water to plumbing fixtures in a hotel or motel. (5) Lack of hot or cold running water to plumbing fixtures in a dwelling unit, or apartment complex required by other city codes. I (6) Lack of adequate heating facilities. (7) Lack of or improper operation of required ventilating equipment. (8) Lack of minimum amounts of natural light and ventilation required by city codes. (9) Room and space dimensions less than required by city codes. (10) Lack of required electrical lighting. (11) Dampness of habitable rooms. (12) Infestation by insects,vermin or rodents. (13) General dilapidation or improper maintenance. (14) Lack of connection to required sewage disposal system. (15) Lack of adequate garbage and rubbish storage and removal facilities. (16) Partial destruction or damage by fire unrepaired for more than 90 days. (c) Structural hazards. Buildings or portions thereof shall be deemed substandard when they are or contain structural hazards. Structural hazards shall include, but not be limited to, the following: (1) Deteriorated or inadequate foundation. (2) Defective or deteriorated flooring or floor supports. (3) Flooring or floor supports of insufficient size to carry imposed load with safety; (4) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration; (5) Members of walls, partitions or other vertical supports that are of insufficient size to carry I imposed loads with safety; (6) Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration; (7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety; (8) Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration; i D223018697 Page 8 of 10 EXHIBIT (9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety; (10) Heating flues and exhausts which list, bulge or settle due to defective material or deterioration. (d) Nuisance. Buildings or portions thereof in which there exists any nuisance as defined by ordinance are deemed substandard buildings. (e) Hazardous electrical wiring. Electrical wiring which was installed in violation of code requirements in effect at the time of installation or electrical wiring not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good condition or which is not being used in a safe manner shall be considered substandard. (f) Hazardous plumbing. Plumbing which was installed in violation of code requirements in effect at the time of installation or plumbing not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in goad condition or which is not free of cross connections or siphonage between fixtures shall be considered substandard. (g) Hazardous mechanical equipment. Mechanical equipment which was installed in violation of code requirements in effect at the time of installation or mechanical equipment not installed in accordance with generally accepted construction practices In areas where no codes were in effect or which has not been maintained in good and safe condition shall be considered substandard. (h) Faulty weather protection. Buildings or portions thereof shall be considered substandard when they have faulty weather protection which shall include, but not be limited to, the following: (1) Deteriorated, crumbling or loose plaster. (2) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors. (3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. (4) Broken, rotted, missing, split or buckled exterior walls or wall coverings or roof coverings. (i) Fire hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the chief of the fire department or the fire marshal, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause shall be considered a substandard building. (j) Faulty materials of construction. The use of materials of construction except those which are specifically allowed or approved by the housing code, residential code, or the building code and which have been adequately maintained in good and safe condition shall cause a building to be substandard. (k) Hazardous or insanitary premises. The accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions on a premises constitutes a nuisance to be abated as provided by this article. (1) Inadequate exits. Except for those buildings or portions thereof which have been provided with adequate exit facilities conforming to the provisions of this code, buildings or portions thereof the exit facilities of which were installed in violation of code requirements in effect at the time of their construction or the exit facilities of which have not been increased in number or width in relation to any increase in occupant load due to alterations, additions or change in use or occupancy subsequent to the time of construction shall be considered substandard. Notwithstanding compliance with code requirements in effect at the time of their construction, buildings or portions thereof shall be considered substandard when the building official or director of neighborhood services finds that an unsafe condition exists through an improper location of exits, a lack of an adequate number or width of exit, or when other conditions exist which are dangerous to human life. D223018697 Page 9 of 10 EXHIBIT (m) Inadequate fire protection or firefighting equipment. Buildings or portions thereof shall be considered substandard when they are not provided with the fire-resistive construction or fire- extinguishing systems or equipment required by the codes of the city, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. (n) Improper occupancy. All buildings or portions thereof occupied for Irving, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies shall be considered substandard. (Code 1975, § 5-71) I i Sec.98-463.-Notices and orders of director of neighborhood services and building official. I (a) Right of entry.When it is necessary to make an inspection to enforce the provisions of this article, or when the building official or director of neighborhood services or designee has a reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this article which makes the building or premises unsafe, dangerous, or hazardous, the building official or director of neighborhood services or designee may enter the building or premises at reasonable times to inspect or perform the duties imposed by this article, provided that if such building or premises is occupied credentials shall be presented to the occupant and entry shall be requested. If such building or premises is unoccupied, the building official or director of neighborhood services or designee shall first make a reasonable effort to locate the owner or other person having g charge or control of the building or premises and request entry. If entry is refused, the building official or director of neighborhood services shall have recourse to the remedies provided by law to secure E entry. The building official or director of neighborhood services is designated as the person who may be issued a search warrant pursuant to Vernon's Ann. C.C.P. art. 18.05, upon presentation of evidence to a magistrate of probable cause to believe that a fire or health hazard or violation or unsafe building condition is present in the premises sought to be inspected. Upon searching the premises, a copy of the warrant shall be presented to the owner if present or if not present, to any person present who is in possession of the property. If the building official or director of neighborhood services takes anything from the property, he shall prepare an inventory and leave a copy with the owner or person in possession of the premises. (b) Commencement of proceedings. Whenever the building official or director of neighborhood services has inspected or caused to be inspected any building, and has found and determined that such building is: (1) Dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare or in violation of the ordinances of the city; (2) Regardless of its structural condition, unoccupied by its owners, lessees, or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage, or could be entered or used by children;or (3) Boarded up, fenced, or otherwise secured in any manner if: a. The building constitutes a danger to the public even though secured from entry; or b. The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by subsection (b)(2) directly above, the building official or director of neighborhood services shall commence proceedings to cause the repair, rehabilitation, vacation, removal or demolition of the building. (c) Notice. The building official or director of neighborhood services shall issue a notice directed to the record owner of the building.The notice shall contain: i D223018697 Page 10 of 10 EXHIBIT #„L (1) The street address and description (legal or other) sufficient for identification of the premises upon which the building is located; (2) A statement that the building official or director of neighborhood services has found the building to be substandard or in violation of city ordinances with a brief and concise description of the conditions found to render the building dangerous; (3) A statement of the action required to be taken as determined by the building official or director of neighborhood services; (4) A requirement that the owner or person in charge of the building or premises secure required permits and commence the required action within 15 days from the date of such notice and that all work be completed within such time as the building official or director of neighborhood services shall determine is reasonable; (5) If the building official or director of neighborhood services has determined that the building or structure must be vacated, the notice shall contain a requirement that the building be vacated .i within such time from the date of the notice as determined by him to be reasonable; (6) A statement advising that if any required repair or demolition work is not commenced within the time specified, the building official or director of neighborhood services will, without further notice, order the building vacated and posted to prevent further occupancy until the work is completed; and (7) A statement advising that if any required repair or demolition work is not commenced or completed within the time specified, proceedings will be commenced to have the building repaired, removed or demolished and the cost of such assessed as a charge against the land. (d) Service of notice. The notice and any amended notice shall be served upon the record owner. (e) Method of service. Service of notice shall be made upon all persons entitled there to either i personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last tax roll of the city, or as known to the building official or director of neighborhood services. If no address of any such person so appears or is known to the building official or director of neighborhood services, then a copy of the notice and order shall be published twice within ten consecutive days in a newspaper of general circulation in the city. Failure to receive such notice or order shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner provided in this section shall be deemed effective on the date of mailing. Service by publication shall be deemed effective on the date of the second publication. (f) Order to vacate. An order to vacate immediately may be issued only if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or of the occupants. (g) Posting. Every notice to vacate shall, in addition to being served as provided in subsection (e) of this section, be posted at or upon each exit of the building, and shall be in substantially the following form: DO NOT ENTER UNSAFE TO OCCUPY It is a Misdemeanor to Occupy this Building or to Remove or Deface this Notice Building Official and/or Director of Neighborhood Services City of North Richland Hills,Texas (Code 1975, § 5-72;Ord. No. 3361. 1. 7-13-2015 ) "K NOKTH KICHLAND HILLS SUBSTANDARD BUILDING BOARD MEMORANDUM FROM: Neighborhood Services DATE: February 21, 2023 Department SUBJECT: SBB 2022-95 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 remains substandard within the meaning of the City's ordinances and order repair or demolition of the structure and/or assess a civil penalty for non- compliance of the previously issued Order. 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 remains substandard as described in Chapter 98 of the City of North Richland Hills' Ordinances as well as non-compliant with the previously issued Order of the Substandard Building Board. BACKGROUND INFORMATION The property is located on the north side of Chapman Drive just west of Richfield Park and 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. This property was brought before the Substandard Building Board on November 8, 2022 for substandard violations. At that hearing, the Board issued an order to 1) obtain any required permits within 30 days; and 2) complete all repairs within 90 days of the Board's order. The Board's order also stated that the City is authorized to bring the property back to the Board and request Civil Penalties be assessed at $10.00 per day that the property remained in violation. "K NOKTH KICHLAND HILLS ANALYSIS {I 1 ai rtir h ��� . ..:�. ...Y.:,...r � f I I 17 12, , r. � . 1 k Flnf 11.., STAFF RECOMENTATION Staff recommends that the Substandard Building Board find the property located at 6721 Richfield Drive non-compliant with the November 8, 2022 Substandard Building Board Order; the structure remains substandard. Staff recommends that the board issue a civil penalty in the amount of$150.00 which is $10.00 per day that the property has remained in violation of the Ordinances of the City of North Richland Hills since the deadline to comply with the Order previously issued on November 8, 2022. D223018330 02/06/2023 02:27 PM Page: 1 of 10 Fee: $55.00 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 February 6, 2023 Certified/Return Receipt Requested (Cent. # 7017 2620 0001 0374 6356) 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 PM on Tuesday, February 21, 2023, at the City of North Richland Hills City Hall, 4301 City Point Drive, Council Workroom, 3rd Floor, North Richland Hills Texas 76180. A public hearing will be held to consider action regarding 6721 Richfield Drive 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 dated November 8, 2022. To date, the property has not been brought into compliance in accordance with the November 8, 2022 order. The Board may assess civil penalties against the property owner and order the removal of the addition and carport structure for non- compliance with the 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. Sincerely, Stef1ke Martinez, Neighborhoo ervices Director Given under my hand and seal of office the !Q' day of February, 2023. 4301 City Point Drive • North Richland Hills,Texas • 76180 Phone 817-427-6663 • Fax 817-427-6667 D223018330 Page 2 of 10 ?q1kH Code Compliance CITY OF NORTH RICHLAND HILLS Q (\Y PUi AUDREY CAPPALLO Notary Public,State of Texas Notary Public in nd or t e tate of exas Comm. Expires 02-19 2024 Notary ID 126417518 My Commission Expires: cc: Brandon R. Johnson 6721 Richfield Drive North Richland Hills, TX 76180 Cert.# 7017 2620 0001 0374 6363 EECU 1617 West 7t" Street Fort Worth, TX 76102 Cert.# 7017 2620 0001 0374 6370 EECU P.O. Box 1777 Fort Worth, TX 76101 Cert.# 7017 2620 0001 0374 6387 4301 City Point Drive • North Richland Hills,Texas • 76180 Phone 817-427-6663 • Fax 817-427-6667 D223018330 Page 3 of 10 ORDER OF THE SUBSTANARD BULDING BOARD CITY OF NORTH RICHLAND HILLS ORDERING REPAIR OF SUBSTANDARD BUILDING SBB 2022-96 WHEREAS, a public hearing was held on November 8, 2022 before the Substandard Building Board ("Board") of the City of North Richland Hills regarding the structure on the property located at 6721 Richfield Drive, in North Richland Hills, Tarrant County, Texas; also known as Lot 5, Block 2 of the Richfield Subdivision; and, WHEREAS, the records of the office of the county clerk indicate that Elvira 1. Galeyeva is the record owner ("owner") of the property; and, WHEREAS, notice of the public hearing was mailed to the owners, to mortgagees, and to lienholders of record, if any, at least ten (10) days prior to the date of the hearing; and, WHEREAS, the Board finds that the defects or conditions set forth on the NOTICE and ORDER of NEIGHBORHOOD SERVICES DIRECTOR, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the building; and WHEREAS, the Board finds from evidence presented at the public hearing that the structure is substandard and in violation of the minimum standards set forth in Section 98-462 of the Code of the City of North Richland Hills; and, WHEREAS, the Board further finds that ham- (_qQ) days is a reasonable period of time for the structure to be repaired; and, WHEREAS, the Board further finds that if the property owners fails to comply fully with this order, the City is authorized to bring this property back to the Board and request Civil Penalties be assessed in accordance with Chapter 98, Sec. 98-470. The Civil Penalty may be assessed at $10.00 per day that the property remained in violation of the Ordinances of the City of North Richland Hills since the Notice and Order was issued on September 28, 2022. NOW, THEREFORE, THE BOARD HEREBY ORDERS THAT: 1. The property is hereby found to have upon it a substandard building by reason of conditions set forth in the notices of this hearing. Such notices are hereby incorporated in this order. 2. It is hereby ordered that the following shall be completed: • Any required permits must be obtained within (3a ) days of the date of the Board's order. • All repairs must be completed within V-�t r-tf l (�I 0) days of the date of the Board's order. Order of the City of North Richland Hills Substandard Building Board Page 1 of 2 D223018330 Page 4 of 10 3. It is further ordered that if the property owners fails to comply fully with this order, the City is authorized to bring this property back to the Board and request Civil Penalties be assessed in accordance with Chapter 98, Sec. 98- 470. The Civil Penalty may be assessed at $10.00 per day that the property remained in violation of the Ordinances of the City of North Richland Hills since the Notice and Order was issued on September 28, 2022. PASSED AND APPROVED THE -! • DAY OF NOV MBER 2022. I Bria Crowson, Chairman GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 94-"' DAY OF NOVEMBER 2022. pqY p�i AUDREY CAPPALLO 12A cc Notary Public,State of Texas Notary Public F Comm.Expires 02-19-2024 Notary ID 126417518 Order of the City of North Richland Hills Substandard Building Board Page 2 of 2 D223018330 Page 5 of 10 EXHIBIT # Pr NItHCode Compliance CITY OF NORTH RICHLAND HILLS September 28, 2022 Certified/Return Receipt Requested (7017 2620 0001 0374 5977) Elvira I. Galeyeva 6721 Richfield Drive North Richland Hills, Texas 76180 RE: Notice and Order of the Director of Neighborhood Services of the City of North Richland Hills —6721 Richfield Drive, legally described as Lot 5, Block 2 of the Richfield Subdivision in the City of North Richland Hills, Texas 76180 (the "Property"). Mrs. Elvira I Galeyeva: NOTICE IS HEREBY GIVEN by the Director of Neighborhood Services of the City of North Richland Hills, Texas of the building and premises located at 6721 Richfield Drive. The second- floor addition of the residential structure on the Property is a hazard to the public health, safety, and welfare and constitutes a public nuisance and a fire hazard. As a person who owns or controls the Property, you are responsible for maintaining the Property in a safe and sanitary condition. According to the real property records of Tarrant County, you own the real property described in this notice. If you no longer own the property, you must execute an affidavit stating that you no longer own the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to this office not later than the 20th day after the date you receive this notice. If you do not send the affidavit, it will be presumed that you own the property described in this notice, even if you do not. The following violations of the North Richland Hills Code of Ordinances including the Fire Code, and other International Codes as adopted and amended by the City exist on the Property: The structure at this address was found to be in violation of Chapter 98, Section 98-61 of the City of North Richland Hills Code of Ordinances: (a) No building or structure shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official unless exempted by this chapter. A courtesy copy of the ordinances is attached to this notice as Exhibit A. You have seven (7) days from the delivery of this notice to abate and remedy all of the violations listed herein. If you fail to comply with this notice and order, the City may take any action necessary to remedy the violations on the Property. Suit may be filed in district court requesting injunctive relief. This suit may seek civil penalties of up to $1,000.00 per day, per violation, for each day a violation exists on the Property as provided by Chapter 54 of the Texas Local Government Code. 4301 City Point Drive • North Richland Hills,Texas • 76180 Phone 817-427-6663 • Fax 817-427-6667 D223018330 Page 6 of 10 EXHIBIT #-L ?qRH Code Compliance CITY OF NORTH RICHLAND HILLS Remedies may be requested under other law as necessary and appropriate; including the placement of a lien upon the Property for any costs incurred by the City to remedy these violations. In addition, the City may file Class C misdemeanor complaints for each of the violations existing on the Property in an amount ranging from $500.00 to $2,000.00 per day, per violation, depending on the violation. If you have any questions or reasonable proposals as to a prompt resolution of these matters, please call me at 817-427-6655. Failure to comply with this notice and order, within seven (7) days of receipt of this Notice of Order will result in this property being scheduled for hearing before the Substandard Building Board or citations will be issued. Sincerely, Stefanie Martinez, Director Neighborhood Services Code Enforcement Officer#2515 Enclosed: Courtesy Copy of Ordinances cc: Brandon R. Johnson 6721 Richfield Drive North Richland Hills, TX 76180 (Cert. #7017 2620 0001 0374 5984) 4301 Ciq,Point Drive • North Richland Hills,Texas • 76180 Phone 817-427-6663 + Fax 817-427-6667 D223018330 Page 7 of 10 EXHIBIT ##_LL Sec.98-462.-Standards. (a) Generally. Any building or portion thereof which is determined to be an unsafe building under the building code; or any building or portion thereof, including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the conditions referenced herein shall be deemed and hereby are declared to be substandard buildings. (b) Inadequate sanitation. Buildings or portions thereof shall be deemed substandard when they are unsanitary. Inadequate sanitation shall include, but not be limited to,the following: (1) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodginghouse. (2) Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. (3) Lack of, or improper kitchen sink in a dwelling unit (4) Lack of hot and cold running water to plumbing fixtures in a hotel or motel. (5) Lack of hot or cold running water to plumbing fixtures in a dwelling unit, or apartment complex required by other city codes. (6) Lack of adequate heating facilities. (7) Lack of or improper operation of required ventilating equipment. (8) Lack of minimum amounts of natural light and ventilation required by city codes. (9) Room and space dimensions less than required by city codes. (10) Lack of required electrical lighting. (11) Dampness of habitable rooms. (12) Infestation by insects,vermin or rodents. (13) General dilapidation or improper maintenance. (14) Lack of connection to required sewage disposal system. (16) Lack of adequate garbage and rubbish storage and removal facilities. (16) Partial destruction or damage by fire unrepaired for more than 90 days. (c) Structural hazards. Buildings or portions thereof shall be deemed substandard when they are or contain structural hazards. Structural hazards shall include,but not be limited to,the following: (1) Deteriorated or inadequate foundation. (2) Defective or deteriorated flooring or floor supports. (3) Flooring or floor supports of insufficient size to carry imposed load with safety; (4) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration; (5) Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety; (6) Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration; (7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety; (8) Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration; D223018330 Page 8 of 10 EXHIBIT # (9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety; (10) Heating flues and exhausts which list, bulge or settle due to defective material or deterioration. (d) Nuisance. Buildings or portions thereof in which there exists any nuisance as defined by ordinance are deemed substandard buildings. (e) Hazardous electrical wiring. Electrical wiring which was installed in violation of code requirements in effect at the time of installation or electrical wiring not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good condition or which is not being used in a safe manner shall be considered substandard. (f) Hazardous plumbing. Plumbing which was installed in violation of code requirements in effect at the time of installation or plumbing not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good condition or which is not free of cross connections or siphonage between fixtures shall be considered substandard. (g) Hazardous mechanical equipment. Mechanical equipment which was installed in violation of code requirements in effect at the time of installation or mechanical equipment not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good and safe condition shall be considered substandard. (h) Faulty weather protection. Buildings or portions thereof shall be considered substandard when they have faulty weather protection which shall include, but not be limited to, the following: (1) Deteriorated,crumbling or loose plaster. (2) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors. (3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. (4) Broken, rotted, missing,split or buckled exterior walls or wall coverings or roof coverings. (i) Fire hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the chief of the fire department or the fire marshal, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause shall be considered a substandard building. (j) Faulty materials of construction. The use of materials of construction except those which are specifically allowed or approved by the housing code, residential code, or the building code and which have been adequately maintained in good and safe condition shall cause a building to be substandard. (k) Hazardous or insanitary premises. The accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions on a premises constitutes a nuisance to be abated as provided by this article. (1) Inadequate exits. Except for those buildings or portions thereof which have been provided with adequate exit facilities conforming to the provisions of this code, buildings or portions thereof the exit facilities of which were installed in violation of code requirements in effect at the time of their construction or the exit facilities of which have not been increased in number or width in relation to any increase in occupant load due to alterations, additions or change in use or occupancy subsequent to the time of construction shall be considered substandard. Notwithstanding compliance with code requirements in effect at the time of their construction, buildings or portions thereof shall be considered substandard when the building official or director of neighborhood services finds that an unsafe condition exists through an improper location of exits, a lack of an adequate number or width of exit, or when other conditions exist which are dangerous to human life. D223018330 Page 9 of 10 EXHIBIT #., (m) Inadequate fire protection or firefighting equipment. Buildings or portions thereof shall be considered substandard when they are not provided with the fire-resistive construction or fire- extinguishing systems or equipment required by the codes of the city, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. (n) Improper occupancy.All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies shall be considered substandard. (Code 1975, § 5-71) Sec.98-463.-Notices and orders of director of neighborhood services and building official. (a) Right of entry. When it is necessary to make an inspection to enforce the provisions of this article, or when the building official or director of neighborhood services or designee has a reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this article which makes the building or premises unsafe, dangerous, or hazardous, the building official or director of neighborhood services or designee may enter the building or premises at reasonable times to inspect or perform the duties imposed by this article, provided that if such building or premises is occupied credentials shall be presented to the occupant and entry shall be requested. If such building or premises is unoccupied, the building official or director of neighborhood services or designee shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official or director of neighborhood services shall have recourse to the remedies provided by law to secure entry.The building official or director of neighborhood services is designated as the person who may be issued a search warrant pursuant to Vernon's Ann. C.C.P. art. 18.05, upon presentation of evidence to a magistrate of probable cause to believe that a fire or health hazard or violation or unsafe building condition is present in the premises sought to be inspected. Upon searching the premises, a copy of the warrant shall be presented to the owner if present or if not present, to any person present who is in possession of the property. If the building official or director of neighborhood services takes anything from the property, he shall prepare an inventory and leave a copy with the owner or person in possession of the premises. (b) Commencement of proceedings.Whenever the building official or director of neighborhood services has inspected or caused to be inspected any building, and has found and determined that such building is: (1) Dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare or in violation of the ordinances of the city; (2) Regardless of its structural condition, unoccupied by its owners, lessees, or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage, or could be entered or used by children; or (3) Boarded up,fenced, or otherwise secured in any manner if: a. The building constitutes a danger to the public even though secured from entry; or b. The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by subsection (b)(2) directly above, the building official or director.of neighborhood services shall commence proceedings to cause the repair, rehabilitation,vacation, removal or demolition of the building. (c) Notice. The building official or director of neighborhood services shall issue a notice directed to the record owner of the building.The notice shall contain: D223018330 Page 10 of 10 EXHIBIT # . (1) The street address and description (legal or other) sufficient for identification of the premises upon which the building is located; (2) A statement that the building official or director of neighborhood services has found the building to be substandard or in violation of city ordinances with a brief and concise description of the conditions found to render the building dangerous; (3) A statement of the action required to be taken as determined by the building official or director of neighborhood services; (4) A requirement that the owner or person in charge of the building or premises secure required permits and commence the required action within 15 days from the date of such notice and that all work be completed within such time as the building official or director of neighborhood services shall determine Is reasonable; (5) If the building official or director of neighborhood services has determined that the building or structure must be vacated, the notice shall contain a requirement that the building be vacated within such time from the date of the notice as determined by him to be reasonable; (6) A statement advising that if any required repair or demolition work is not commenced within the time specified, the building official or director of neighborhood services will, without further notice, order the building vacated and posted to prevent further occupancy until the work is completed;and (7) A statement advising that if any required repair or demolition work is not commenced or completed within the time specified, proceedings will be commenced to have the building repaired, removed or demolished and the cost of such assessed as a charge against the land. (d) Service of notice. The notice and any amended notice shall be served upon the record owner. (e) Method of service. Service of notice shall be made upon all persons entitled there to either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last tax roll of the city, or as known to the building official or director of neighborhood services. If no address of any such person so appears or is known to the building official or director of neighborhood services, then a copy of the notice and order shall be published twice within ten consecutive days in a newspaper of general circulation in the city. Failure to receive such notice or order shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner provided in this section shall be deemed effective on the date of mailing. Service by publication shall be deemed effective on the date of the second publication. (f) Order to vacate. An order to vacate immediately may be issued only if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or of the occupants. (g) Posting. Every notice to vacate shall, in addition to being served as provided in subsection (e) of this section, be posted at or upon each exit of the building, and shall be in substantially the following form: DO NOT ENTER UNSAFE TO OCCUPY It is a Misdemeanor to Occupy this Building or to Remove or Deface this Notice Building Official and/or Director of Neighborhood Services City of North Richland Hills,Texas (Code 1975, § 5-72;Ord. No. 3361,S 1,7-13-2015)