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HomeMy WebLinkAboutSBB 2023-06-20 Minutes MINUTES OF THE REGULAR MEETING SUBSTANDARD BUILDING BOARD OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE COUNCIL WORKROOM, 4301 CITY POINT DRIVE JUNE 20, 2023 The Substandard Building Board of the City of North Richland Hills, Texas met on the 20th day of June 2023 at 6:00 p.m. in the Council Workroom. Present: Bill Wait Place 2 John Cope Place 3 Michael Gist Place 4 Brian Crowson Place 6, Chairman Robert McCary Place 7 Absent: Daniel Caulkins Place 1 Jeff Arwine Place 5 Staff Members: Stefanie Martinez Director of Neighborhood Services Thomas McMillian Assistant City Attorney Audrey Cappallo Executive Secretary Rayneice Home Lead Code Compliance Officer A. CALL TO ORDER Chairman Crowson called the meeting to order at 6:00 p.m. 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. Before proceeding forward, Chairman Crowson sworn in Stefanie Martinez and Rayneice Home. C.1 APPROVE OF MINUTES OF THE FEBRUARY 21, 2023 SUBSTANDARD BUILDING BOARD MEETING. Substandard Building Board Meeting June 20, 2023 Page 1 of 10 MR. BILL WAIT MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 21, 2023, SUBSTANDARD BUILDING BOARD MEETING. MR.JOHN COPE SECONDED THE MOTION MOTION TO APPROVE CARRIED 5-0. C.2 SBB 2022-88 PUBLIC HEARING AND CONSIDERATION WHETHER THE SINGLE FAMILY RESIDENTIAL STRUCTURE ON THE PROPERTY LOCATED AT 6636 BROOKSHIRE TRAIL KNOWN AS LOT 2, BLOCK 6, OF THE NORTH PARK ESTATES ADDITION IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS REMAINS SUBSTANDARD WITHIN THE MEANING OF THE CITY'S ORDINANCES AND ORDER REPAIR OF THE STRUCTURE AND/OR ASSESS A CIVIL PENALTY FOR NON-COMPLIANCE OF THE PREVIOUSLY ISSUED ORDER. 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 6636 Brookshire Trail. Ms. Martinez presented an overview of the case to the Board. • September 23, 2021 - case initiated, violation confirmed. Code Compliance Officer Matthew Hall observed a substandard structure, the roof is dilapidated with missing shingles, rotten/broken/missing wood and fascia. He knocked on the front door there was no answer, left business card, mailed notice to owner and her son. Photos were taken. • October 25, 2021 — Hall re-inspected the property, no change and no contact from owner or family. A probable cause affidavit (PCA) was issued. Photos were taken. • December 8, 2021— Hall re-inspected the property, and no change was observed. • February 16, 2022 — Hall re-inspected the property and no change was observed. • February 17, 2022 — Neighborhood Services staff received an anonymous phone complaint regarding this property being substandard. They stated that the roof is caving in and leaks into the house when it rains. • April 26, 2022- Officer Hall did not observe any changes at the property. Hall sent a text message to Jose Ortiz's last known phone number requesting a call back. Substandard Building Board Meeting June 20, 2023 Page 2 of 10 • April 27, 2022- Officer Hall did not observe any changes at the property, he began to prepare the case for SBB hearing in June. • April 29, 2022 — Notice and Order was mailed certified and regular mail. • May 6, 2022 —Code Compliance Officer Matthew Hall posted the Notice and Order at the property address. • May 6, 2022 - The property owner's son Jose Ortiz called Officer Hall's city cell phone and stated he is going to seek legal counsel so that he can act/speak on behalf of his mother whom he states is too ill to do so herself. • May 23, 2022- Code Compliance Officer Matthew Hall posted the Notice to Appear at the property address. • June 14, 2022 — The case was presented to the SBB. At that time the son of the deceased owner and his attorney appeared. They explained that they were in the process of clarifying the heirship so that the son could get a loan to repair the house. At that time the SBB moved to continue the case for 60 days to allow the documentation to be filed. • July 20, 2022 — Officer Matthew Hall observed no changes, violation still exist. • August 23, 2022 — Officer Matthew Hall observed no changes, violation still exist and the Notice to Appear posted at the property address. • September 13, 2022 - The case was presented to the SBB, it was ordered that permits be obtained within 30 days, repairs be completed within 30 days. Failure to comply with the order may result in the scheduling and conducting of a civil penalty hearing in order to determine the amount of penalty to be paid. • May 3, 2023 — Officer Rayneice Home observed no changes, violation still exist a photo was taken. • May 31, 2023 - Officer Horne observed no changes, violation still exist and the Notice to Appear posted at the property address. Ms. Martinez presented photos of the Notice and Order posted at the front door on May 6, 2022 and photos of all three Notice of Hearings posted at the front door of the property. Ms. Martinez presented several photos of the property showing damage to the shutters, damage to the roof line with a shredded tarp, damaged garage doors, and faulty weather protection throughout the property. Updated photos presented showed several tarps on the roof with no improvements to the roof on May 3, 2021 and May 31, 2023. The property still remains in violation. Substandard Building Board Meeting June 20, 2023 Page 3 of 10 Chairman Crowson asked if a tree fell on the roof. Ms. Martinez stated yes and she believes it was from the Father's Day storm that came through in 2021 but she can't say that is when the damage happened. Ms. Martinez informed the Board that at the June 14, 2022 hearing, the owners' son did state they had applied for Tarrant County Home Funds. The city does partner with Tarrant County and we do give them a portion of money to make the repairs to the structure. However, when she followed up with Tarrant County two weeks ago, she was informed that the repairs to the structure were beyond what Tarrant County could assist with. Although, they would have qualified financially, the number of repairs to the house was beyond what they could help with. It is beyond what the city could help with through the Neighborhood Initiative Program. The property owner has been made of aware of that. The son has also been made aware of that. Ms. Martinez informed that they haven't been able to communicate with the son. They have gone to the property and knocked on the door. The girlfriend has come to the door but they haven't spoke to the son or the mother, who is the property owner. Staff recommends that the Substandard Building Board: • Find that ths, single family residential structure is non-compliant with the previously issued Substandard Building Board Order issued on September 13, 2022. • Issue a civil penalty in accordance with Chapter 98, Sec 98-470 in the amount of $2,470.00 which is $10.00 per day that the property remained in violation of the Ordinances of the City of North Richland Hills since the deadline to comply with the September 13, 2022 Board Order for failure to obtain permits and repair the structure as previously ordered. Chairman Crowson asked Ms. Martinez if the civil penalty amount is calculated from after September 13, 2022 to current. Martinez replied no. The civil penalty amount is calculated from after the 30 days that the Board Ordered for the property owner to come into compliance by, so it would be from October 13, 2022 to current date. The penalty can't be more than $10.00 a day due to the property being homestead exempt. This has gone on for a while. We have given time and opportunity to make the repairs. We were hoping they could work with Tarrant County. Chairman Crowson asked if the roof is the only thing that needs to be repaired or is there something inside that they applied for that Tarrant County stated it was beyond their help. Ms. Martinez replied she tried to ask Tarrant County for their evaluation, as they did go into the house to inspect, but we were unable to gather that from them. It is her understanding that the Tarrant County Home Funds does interior work such as bathrooms, stairs, carpeting, sheet rock, but whatever the total package included was beyond their scope to invest in the property. They typically invest around $5,000 to $30,000 on each property they work on. Mr. Michael Gist asked Ms. Martinez if the property owner contact Tarrant County. Ms. Martinez replied yes. Mr. Gist asked Ms. Martinez the gap between September and May, is that when contact with the girlfriend was made. Ms. Martinez replied yes. It was Substandard Building Board Meeting June 20, 2023 Page 4 of 10 when the posting of the Notice of Hearings were being posted on the property. We have made contact with the girlfriend on two occasions. Chairman Crowson asked Ms. Martinez what the girlfriend response was. Ms. Martinez replied that she would let him know, her boyfriend. Chairman Crowson asked how old Ms. Ortiz was. Ms. Martinez replied that she wants to say late 30's, early 40's. The father is deceased and we believe the mother to be in her 80's. We haven't been able to confirm an actually age as we have never been able to meet her. They have owned this property since the 1980's. Chairman Crowson asked Ms. Martinez if there was a mortgage lienholder on the house. Ms. Martinez replied that they found no mortgage lienholder on the property with their title search. Mr. Robert McCary asked Ms. Martinez what happens if the Board orders a civil penalty and the property owners doesn't pay it. Ms. Martinez replied it will become a lien on the property. We could down the road consider foreclosing on the lien and motivating them to sell the property. Chairman Crowson asked Martinez when does it get to the point that we demolition the property. Ms. Martinez replied we can't really demolish an occupied structure regardless of how poor it is. Chairman Crowson asked Ms. Martinez that after they are fined, can this case come back to the Board again. Ms. Martinez replied yes it can. What we are trying to do is obtain an administrative search warrant to enter the property but with it only being the roof that we can see that is damage we really don't have enough probable cause to enter the property. Mr. Gist asked Martinez how long does the property owner have to pay the fine. Ms. Martinez replied typically have 30 days to pay the fine. They have 30 days to appeal this Order, whatever it is, and if they don't appeal it, the fine is permanent on the property until it is paid. Chairman Crowson commented they have to appeal to the District Court. Ms. Martinez responded that it would have to be appealed to the District Court. Chairman Crowson asked that if the case does come back to the Board again, they can be fined again. Ms. Martinez replied yes. Ms. Martinez informed the Board that the City just adopted a new court. It's the Administrative Hearing Court. This case could be brought to them, as well, in the future. Chairman Crowson asked Ms. Martinez how is that possible if the case has already been brought before them. Ms. Martinez replied it would have to be a whole new case to be brought to the Administrative Hearing Court. Ms. Martinez commented that no cases had been brought to the Administrative Hearing Court yet but with this case if it did, they could go after the son, as with this Board we can only go after the property owner. Mr. Thomas McMillian, Assistant City Attorney, informed the Board that the local government code gives them several tools to use, if you think of it like a toolbox. This Substandard Building Board Meeting June 20, 2023 Page 5 of 10 Board is one of the tools in the toolbox but you can also enforce ordinances by writing someone a citation, giving a notice of violation, bringing suit in District Court or Municipal Court. The Administrative Hearing Court is just another tool in the toolbox. Mr. Gist asked if the Board had a choice in what avenue it wanted to go. Mr. McMillian replied no, the City can choose which avenue they want to pursue the case. The cases this Board sees have already gone to Municipal Court, and the owner might have been issued a citation and they still haven't abated the nuisance or made the necessary repairs to the structure. The City can choose to bring the case to this Board. Chairman Crowson asked Ms. Martinez about doing a welfare check on the mother, the property owner. Ms. Martinez replied yes, that something she is going to ask the Police Department to do to see if they can meet with her. She said she did ask Tarrant County if they met with the mother as the property owner has to be the one to fill out the application and it has to be notarized. They never go to that point with Tarrant County. We don't even know if the mother is living here as we do know the father passed away in Puerto Rico. It is possible that she is in Puerto Rico. We don't know. The only reason we know that the father passed away in Puerto Rico is because the son and the attorney told us at a previous hearing. We couldn't find any records of death anywhere. We were really hoping with his attorney's help we would get an inheritance affidavit. The property would transfer into his hands and he would get a loan to get all the repairs made. We are getting nothing. We got extra blue tarps on the roof but that is not resolving it. Chairman Crowson asked the Board if they had any more questions for the city. Chairman Crowson opened the public hearing and asked for anyone wishing to speak on the item to come forward. Chairman Crowson swore in Mr. Jose Ortiz Jr. Mr. Ortiz Jr., property owners son, stepped forward. Mr. Ortiz Jr. informed the Board that the roof has been fixed. He just put tarps on the roof to make sure it doesn't leak. Chairman Crowson commented that isn't acceptable. The City wants the whole roof repaired. The tarps are not going to do it. Chairman Crowson asked Mr. Ortiz Jr. if the house is registered under his mother's name. Mr. Ortiz Jr. replied yes. Chairman Crowson asked Mr. Ortiz Jr. if his mother was still alive. Mr. Ortiz Jr. replied yes. Chairman Crowson asked Mr. Ortiz Jr. where his mother was. Mr. Ortiz Jr. replied she was home. Chairman Crowson asked Mr. Ortiz Jr. how come the city hasn't been able to make contact with her. Mr. Ortiz Jr. replied that his mother has had a stroke and she only speaks Spanish. Chairman Crowson responded that the City does have interpreters. Mr. Ortiz Jr. replied that he always talks for her as it is easier for her. If the City wants to send an interpreter to the house, that is fine. Mr. Ortiz Jr. stated that he fixed the hole in the roof. He just put the tarps up. Mr. Crowson asked Mr. Ortiz Jr. why he hasn't re-shingled the roof. Mr. Ortiz Jr. replied that he did re-shingle the roof in the area and fixed the hole. Mr. Crowson asked Mr. Ortiz Substandard Building Board Meeting June 20, 2023 Page 6 of 10 Jr. why the tarp is on the roof. Mr. Ortiz Jr. replied just in case it leaked as he isn't good at roofing but he did the best he could. He fixed the hole, put up the board and put stuff that would make it waterproof and the shingles. He has a plans to get it fully fixed but until this portion is done insurance will not pay for it. Chairman Crowson asked if he has gotten quotes for the roof repair. Mr. Ortiz Jr. replied yes he has. It is looking to be about $10,000 to do the whole roof. Chairman Crowson asked Mr. Ortiz Jr. if the house is paid off. Mr. Ortiz Jr. replied yes, sir. Chairman Crowson asked the Board if they had any questions. Mr. John Cope asked Mr. Ortiz Jr. when was the last time he communicated with the City. Mr. Ortiz Jr. replied at the last hearing. Mr. Cope asked Mr. Ortiz Jr. who else lives at the house. He replied his mom, girlfriend and himself. Mr. Cope commented that his girlfriend has spoken to a representative of the City, did she communicate with you about that. Mr. Ortiz Jr. replied yes. Mr. Cope asked Mr. Ortiz Jr what did he do then after to communicate with the city about what you are doing with the house. Mr. Ortiz Jr. replied they didn't tell me to communicate with them, they told what I was going to do with about fixing it. We are trying to get it fix. We got different quotes. Mr. Copes asked since the last hearing you haven't communicated with the city. Mr. Ortiz Jr. replied no, he thought he was done with the roof once he fixed the hole. Mr. Ortiz Jr. stated again that the roof is fix. He just has the tarps up. Mr. Crowson recommended that Mr. Ortiz Jr. take down the tarps and call the City to do an inspection to verify the roof is fix. Chairman Crowson asked the Board if they had any more questions. Chairman Crowson closed the public hearing. The Board discussed different options. MR. JOHN COPE MOVED TO ENTER THE FOLLOWING ORDER FOR SBB 2022-88 DETERMINING THE PROPERTY LOCATED AT 6636 BROOKSHIRE TRAIL LEGALLY DESCRIBED AS LOT 2, BLOCK 6 OF THE NORTH PARK ESTATES ADDITION IN THE CITY OF NORTH RICHLAND HILLS,TARRANT COUNTY, TEXAS THE SINGLE FAMILY RESIDENTIAL STRUCTURE IS HEREBY FOUND TO BE NON- COMPLIANT WITH THE PREVIOUS SUBSTANDARD BUILDING BOARD ORDER ISSUED ON SEPTEMBER 13, 2022. IT IS HEREBY ORDERED THAT THE PROPERTY OWNER BE ASSESSED A CIVIL PENALTY AGAINST THE PROPERTY IN ACCORDANCE WITH CHAPTER 98, SEC. 98-470 OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS, IN THE AMOUNT OF $2,470.00, WHICH IS $10.00 FOR EACH DAY THAT THE PROPERTY REMAINED IN VIOLATION OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS SINCE THE DEADLINE TO COMPLY WITH THE SEPTEMBER 13, 2022 BOARD ORDER. MR. ROBERT MCCARY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. C.3 SBB 2023-98 PUBLIC HEARING AND CONSIDERATION AS TO WHETHER THE COMMERCIAL STRUCTURE ON THE PROPERTY LOCATED AT 8613 Substandard Building Board Meeting June 20, 2023 Page 7 of 10 BOULEVARD 26 LEGALLY DESCRIBED AS WALKER BRACH ADDITION, BLOCK 2, LOT 3R3R 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. CONTINUED 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 8613 Boulevard 26. Ms. Martinez provided the Board with an overview of action taken to date for the structure located at 8613 Boulevard 26. • February 11, 2023 - Case was initiated, Officer Rayneice Home inspected the property and identified the code violations during the inspection. Photos were taken of the violations. A notice of violation was mailed to the property owner at the property address per TAD records. • March 2, 2023 — Officer Home completed a re-inspection. The property remained in violation, photos were taken. • May 11, 2023—The Notice and Order was mailed to the property owner. • May 17, 2023 — Received email from property manager that work will begin. • May 22, 2023 — Received email from property manager that work will begin. • May 24, 2023 — Officer Home completed another re-inspection. The property remained in violation, photos were taken. • May 31, 2023 — Notice of Hearing posted at property. • June 15, 2023 — Director Martinez received a phone call from Mr. Brad Mahon, attorney for the property owner. He advised that the property was under contract for sale which is scheduled for the end of August 2023. He asked for an extension of time. Director Martinez informed Mr. Mahon that either himself or someone representing the property owner would need to appear to request that of the Board. Mr. Mahon sent an email asking for an extension and included photos showing what progress they have made at the property such as property mowed and graffiti removed. Ms. Martinez passed out the email along with the updated photos. In the email, Mr. Mahon asked the Board to agree to defer any action for 120 days to allow sufficient time Substandard Building Board Meeting June 20, 2023 Page 8 of 10 for Mr. Shehata, potential new owner, to discuss his plans for the building with City staff after he owns title to the property. Ms. Martinez informed the Board that she did receive a phone call from Mr. Shehata, the potential buyer, and it would be the end of August or September when he would take possession of the property. He is not sure if they will keep the structure as is or demolish it. He stated they might keep the structure while they develop the lot. He didn't state how they were going to develop it. She did explain to him that people are encouraged to come to the Board to talk to them but he basically stated since he isn't the owner he didn't feel he had a say so he isn't here. Ms. Martinez presented several photos of the property. Photos included: • Photo of the Notice and Order. • Photo of the Notice of Hearing posted at the property. • Photo taken on February 11, 2023 showing rotted wood. Photos taken of the supported beams that are a concern as it seems like they are not even touching the ground. • Photos taken of the debris in the yard. • Photo showing three pieces of wood replaced. • Photo taken on February 21, 2023, showing no change to the second-floor addition. • Several photos taken in May showing rotten wood, chip paid and wood on the ground, possible fell off the property. • Photo of the chimney area and vent that comes out. Now that work has commenced at the previous Mountasia location, the vandals from that location have shifted to this location and are doing damage to this location. Chairman Crowson asked if this case was initiated by Code Compliance or by a complaint reported. Ms. Martinez replied she doesn't recall if the case was initiated by Code staff or if a complaint was received from a citizen or from internal city staff. Chairman Crowson replied that Ms. Martinez stated earlier that the case was initiated by code. Ms. Martinez replied yes, meaning when the case was open but would have to look at the case file to see how the case was initiated. Chairman Crowson asked Ms. Martinez who owns the land between the pizza place and Mountasia. Ms. Martinez replied that portion of the property belongs to the Moustasia property, she believes. If not, that property was sold to the new owners of the Peppa Pig Park. Mr. Gist asked Ms. Martinez how long as the current owner owed the property. Ms. Martinez replied she would have to look at the records. Mr. Gist asked if it is a recent sale. Mr. Martinez replied no, she believes they have had it since it was a driving range. Substandard Building Board Meeting June 20, 2023 Page 9 of 10 Mr. Gist asked when a property is like that is there any parameter fencing required. Ms. Martinez replied that it is not required. We might suggest securing it with a fence but not sure that be adequate just because Mountasia was secured with a fence and it was still getting vandalized. Ms. Martinez informed the Board that the City was set to make a recommendation but she doesn't know if the Board wants to consider Mr. Mahon request for a postponement or a continuance. The ordinance does allow for an order to be issued up to 90 days without a plan of action. We don't have a plan of action from the property owner. They are just requesting 120 days to transfer the property. Chairman Crowson opened the public hearing and asked for anyone wishing to speak on the item to come forward. No one stepped forward. Chairman Crowson closed the public hearing. The Board discussed different options with issuing an ordering and a continuance MR. BILL WAIT MOVED FOR A CONTINUATION TO THE NEXT SUBSTANDARD BUILDING BOARD HEARING ON JULY 18,2023. MR. ROBERT MCCARY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. D. ADJOURNMENT Chairman Crowson adjourned the meeting at 6:52 p.m. Brian Crowson, Chairman ATTEST: 0A. Audrey Cappal o, ecWe Secretary Substandard Building Board Meeting June 20, 2023 Page 10 of 10