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HomeMy WebLinkAboutSBB 2023-07-18 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 JULY 18, 2023 The Substandard Building Board of the City of North Richland Hills, Texas met on the 18th day of July 2023 at 6:00 p.m. in the Council Workroom. Present: Daniel Caulkins Place 1 Bill Wait Place 2 John Cope Place 3 Michael Gist Place 4 Paul Eupperley Place 5 Brian Crowson Place 6, Chairman Robert McCary Place 7 Staff Members: Stefanie Martinez Director of Neighborhood Services Thomas McMillian Assistant City Attorney Audrey Cappallo Executive Secretary Rayneice Horne Lead Code Compliance Officer Matthew Hall 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, Matthew Hall and Rayneice Horne. C.1 APPROVE OF MINUTES OF THE JUNE 20, 2023 SUBSTANDARD BUILDING BOARD MEETING. Substandard Building Board Meeting July 18, 2023 Page 1 of 14 THE MINUTES OF THE JUNE 20, MR. BILL WAIT MOVED TO APPROVE ERT MCCARY SECONDED THE MOTION 23, SUBSTANDARD BUILDING BOARD MEETING. MR. MOTION TO APPROVE CARRIED 7-0. HE C.2 SBB 2023-98 PUBLIC HEARING AND THE PROPERTY CONSIDERATION LOCATED WAT T8613 HER THE COMMERCIAL STRUCTURE O BOULEVARD 26 LEGALLY DESCRIBED AS WALKER BRANCH ADDITION, BLOCK 2, LOT 3R3R IN THE CITY OF NORTH RICHLAND HILLS, COUNTY, TEXAS IS SUBSTANDARD WITHIN THE MEANING OF THE DEMOLITION OF THE STRUCTURECITY'S ORDINANCES AND ORDER REPAIR OR APPROVED Chairman Crowson called on Stefanie Martinez, Director of Neighborhood Services, to present the case. Mrs. Martinez introduced new Board Member Paul Eupperley to the Board. Mrs. Martinez informed that thisn June would 20, ld look familiar to them as this case was continued from the last hearing o Mrs. Martinez presented an area and zoning map of the property located at 8613 Boulevard 26. Mrs. Martinez presented an overview of the case to the Board. • 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 the property address per TAD records. • March 7, 2023 — Officer Home completed a re-inspection. The property remained in violation; photos were taken. Horne also received a voicemail from Scott, the maintenance worker stating he should be completed with repairs in a week depending on the weather. • 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 Horne completed another re-inspection. The property remained in violation; photos were taken. Substandard Building Board Meeting July 18, 2023 Page 2 of 14 • May 31, 2023 — Notice of Hearing posted at property. • Mahon, June 15, 2023 — Director Martinez recadvised that the property waseived a phone call from ruBdedr contractattorney for the property owner. He 3. e for sale which is scheduled for thez informed Mre end of Auust gMaho02t aHeithekhimself or for an extension of time. Director Martin owner would need to appear to request that someone representing the property of the Board. • June 18, 2023 —The Board continued the case to the July 18, 2022, Substandard Building Board meeting. • July 3, 2023 - Notice of Hearing posted at property. Mrs. Martinez presented photos of the Noticead Order the fronted at door oe ront f the property. on May 6, 2022 and photos of both Notice of Hearingsposted • 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 on the ground. • Photos of the windows and doors boarded. • Photo of a satellite dish laying on the ground. • Photo of graffiti that has been painted over. • Photos from March showing rotting wood. wood on e Several photos taken in May showing rotten wood, aroundthe soffit areas. Debh s ground, possible fell off the property. Rotted wood on the ground. • Photo of the rotted wood around the chimney area and vent that came out. • Several photos taken in July showing debris on the ground. iday and he Mrs. Martinez informed the Board that she n idt bse at{ da Mr. eeting. Mrs.Mahon on rMartinez did stated would be out of the state and would ask if the property owners would be here and he stated no they wouldn't. They are elderly and in poor health. Mr. Mahon submitted e letter is unden was in ce�ontract He alsos er package to review. Mr. Mahon again statedp stated who the potential buyer was, Mr. Shehata. Mrs. Martinez did speak to Mr. Shehata, the potential buyer and he explained that he ownen't beh of the property. Mr.ere as he felt he d no grounds to address the Board as not being the officialdidn't state how he would develop the Shehata intent is to develop the property but property. He may keep the building at the beginningofthe develo the pment, but it will be demolish at some point of the development oncehe purchases Substandard Building Board Meeting July 18, 2023 Page 3 of 14 Ms. Martinez informed the Board that the litter on the property was cleaned up, but the satellite dish and graffiti remain. It is the opinion of staff that this property is in violation of each portion of the NRH Code of Ordinances referenced in this presentation and is substandard. Staff recommends that the Substandard Building Board: • The building be repaired within 90 days of the board order, and remove all debris. • If the property owner fails to bring the property into compliance, the city should be authorized to bring the property owner back before the Substandard Building Board to request a civil penalty. • A civil penalty may be assessed against the property for failure to repair the 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 Richland Hills since the Notice and Order was issued on May 11, 2023. Chairman Crowson asked Mrs. Martinez did the potential buyer inform her what the property would be developed as. Mrs. Martinez replied no but he did refer to several developments he has done in the city and both of those developments were residential developments. Mrs. Martinez doesn't know if this is going to be a residential development. Chairman Crowson asked Mrs. Martinez if the property was zoned residential. Mrs. Martinez replied no it is not zoned for that and he would be required to request a zoning change. Chairman Crowson asked Mrs. Martinez if the property owner have done everything the city has asked since the last meeting. Mrs. Martinez replied that they did clean up but that didn't happen until she spoke to Mr. Mahon on Friday. The graffiti still remains. She doesn't see them investing anymore money into this other then cleaning and mowing since they have a potential buyer. Chairman asked if the Board could civil penalty ed at the a tmeet ngnce the May notice. Mrs. Martinez replied no since no order was ssu Mr. Caulkins asked Ms. Martinez if the city would support 90 days to make repairs. Mrs. Martinez replied yes, as they continue to maintain the property. Chairman Crowson asked if they could order a fee on the property and a lien would be filed on the property. Mrs. Martinez replied that the deed on the property is already clouded with all the documents we have filed to bring this case to this Board. Once a title company runs records the orders and order'ce are s and notices dy clouding the before deed will tansfeeed reover. cord. They will have to resolve the penalties, 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. No one present. Chairman Crowson closed the hearing. Substandard Building Board Meeting July 18, 2023 Page 4 of 14 The Board discussed different options. MR. DANIEL CAULKINS MOVED TO ENTER THE FOLLOWING ORDER FOR SBB 2023-98 DETERMINING THE PROPERTY LOCATED AT 8613 BOULEVARD 26 LEGALLY DESCRIBED AS WALKER BRANCH ADDITION, BLOCK 2, LOT 3R3R IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS THE COMMERCIAL STRUCTURE IS HEREBY FOUND TO BE A SUBSTANDARD BUILDING BY REASON OF CONDITIONS SET FORTH IN THE NOTICES OF THIS HEARING. IT IS HEREBY ORDERED THAT ALL REQUIRED PERMITS BE OBTAINED WITHIN 75 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 THE PROPERTY OWNER BACK TO THE 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 ORDINANCEAS OF'f 1T2�2 ITYMR FBNI OR N AN AI RTISECONDEDCHLAND ITHE MOTION.SINCE NOTICE AND ORDER WAS ISSUED ON M MOTION TO APPROVE CARRIED 7-0. C.3 SBB 2023-99 PUBLIC HEARING AND CONSIDERATION WHETHER THE STRUCTURE ON THE PROPERTY LOCATED AT 8015 GLENVIEW DRIVE AKA 8017 GLENVIEW DRIVE KNOWN AS LOT 2, BLOCK 1, TOWNE OAKS ADDITION IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS HAS AN UNLAWFUL ACCUMULATIN WREMITHIN OVAL OFE THEEANING OF THE ACCUMULAT ON AND CITY'S IS ORDINANCES AND ORDER SUBSTANDARD WITHIN THE MEANING OF THE CITY'S ORDINANCES AND ORDER REPAIR OF THE STRUCTURE. APPROVED Chairman Crowson called on Stefanie Martinez, Director of Neighborhood Services, to present the nuisance case. Ms. Martinez presented an area and zoning map of the property located at 8015 Glenview Drive aka 8017 Glenview Drive. Ms. Martinez provided the Board with an overview of action taken to date for the structure located at 8015 Glenview Drive aka8017 Glenview Drive. • April 24, 2023 — Officer Hall observed multiple violations. The dumpster was not placed inside the enclosure and it was full of furniture and trash. There was trash, litter, and debris scattered about the property. The grass and weeds behind the buildings were over 10" in height. A 24-hour notice to abate was posted due to the repeated nature if the violations. Hall met with a person who came out of a vacant suite. • April 28, 2023 — Director Martinez, Code Officer Brian Thomas and Building Inspector Gary Taylor coucted a vacant unit. Theytlobserved debris and high grass on following a complaint that someone was living inside Substandard Building Board Meeting July 18, 2023 Page 5 of 14 and weeds at the property. The 2nd story was also posted with a Stop Work Order by Building Inspector Taylor. • May 3, 2023 — Due to continued conditions and the amount of debris around the property a city contractor was requested to remove the debris. • May 23, 2023 — Code Compliance was notified of a NRHPD call via email that Police Officers located 2 persons living inside one of the vacant suites. • June 15, 2023— Notice and Order issued and posted at the property. • June 22, 2023 — Director Martinez spoke with a representative from Bank of the West, the lienholder for this property. She asked about the conditions at the location and stated she may b owner)ng as ahe"wrap-around"ln. mortgage we also hained ich h h Bank property was sold to the current of the West was not aware. • June 28, 2023 — Officer Hall again observed unlawful accumulation and high grass and weeds at the property. • June 30, 2023 — Notice to Appear was issued by certified mail and posted at the property. • July 3, 2023 — The city contracted out the mowing and cleaning of the property due to the continued conditions and putrescible waste on site. • July 5, 2023—the property was cleaned by the City contractor. Mrs. Martinez informed the Board that in their packet there is an email from the representative of Bank of the West stating she wouldn't be at the meeting today. Mrs. Martinez informed the Board that on June 30, 2023, she met wh and they walked the entire pr peC{yhe building owner along with two of the code officers Mrs. Martinez presented several photos of the property. Photos included: • Photo of the Notice and Order. • Photo of the Notice to Appear posted at the property is regarding the debris on the property and Notice of Hearing is regarding the substandard issues on the property. • Several photos provided of the debris behind the building on the property. • Photos of debris around the dumpster enclosure area. • Photos of high grass and weeds behind the building on the property. Substandard Building Board Meeting July 18, 2023 Page 6 of 14 • Photos taken on June 28, 2023, shows high grass and weeds. Debris outside and around dumpster enclosure. • Photos taken on June 30, 2023, showing debris on the property. • Photos taken July 18, 2023, showing, debris remain on the property. Mrs. Martinez informed the Board that the property owner is here and another party and will defer until the Board hears from them. Chairman Crowson asked Mrs. Martinez when the case was initiated in April of 2023, who is the person that the city met with at the property. Mrs. Martinez replied it was an individual who provided he was hired by the property owner to maintain the property. Chairman Crowson asked tenants.Mrs. She believes there are three in the back building rtinez if the property is occupied. Mrs. Martinez replied that there are a fe and three in the front building including the convenient store. Chairman Crowson asked Mrs. Martinez what percentage of the property occupied. Mrs. Martinez replied about 50%. Chairman Crowson asked Mrs. Martinez how much money the city has spent on removal of debris at this property. Mrs. Martinez replied that she would estimate about $1,500. Chairman Crowson asked Mrs. Martinez when the city out a contractor why wasn't everything removed. Mrs. Martinez replied that they have sent out a contractor out twice. The first time everything was removed. The second time they were sent out they removed everything except the tree limbs and the bucket that was full of something. Those were moved today. Mrs. Martinez stated she didn't know why the contractor didn't pick those items up last week, but they have now been picked up. As of today, debris has removed however debris continues to appear on the property. Chairman Crowson opened the public hearing and asked for anyone wishing to speak on the item to come forward. Mr. Subarna Pokhrel stepped forward, one of the owners of the property. Mr. Pokhrel informed the Board that he spent so much money on the property and have done everything that is required. On the backside of the property, they clean it up andetc. They then someone continues to dump debris in the back such as mattress, sofas, clean it up and more items are back. They don't know who is doing it. It's not them or their tenants. They have a lot of vandalisms. We have to contact the City with people gathering in the back of the property. Also, the apartment located on the back side of the property also throw stuff onto their property. He has a fence on both sides and there is a lot of trash all the time. They put up the fence and they broke the fence. Chairman Crowson asked Mr. Pokhrelwhat the dumpster as awas open before,his plan to remey the issue. Mr. Pokhrel replied that they have put a fence up around Chairman Crowson asked Mr. Pokhrel if he has lights on the outside of the buildings that are on all through the nights. Mr. Pokhrel replied yes on some portions he does. Substandard Building Board Meeting July 18, 2023 Page 7 of 14 Chairman Crowson asked Mr. Pokhrel if he had security cameras. Mr. Pokhrel replied he had camera previously but they are not working now. Chairman Crowson asked Mr. Pokhrel if he has an alarm. Mr. Pokhrel replied no. Chairman Crowson commented any time a property is run down and looks run down, it will continue to have vandalism, and illegal dumping. If an area is nice and pristine, you won't see that occurring. Mr. Pokhrel stated they have done everything they can and even put up a fence with a lock. They've broken the fence and the lock. It's not like we are not trying. Chairman Crowson commentee that dsr.to coPokhmel shoul up w�hna plan vest in lof atction s, cameras The city has , motion detectors and that Mr. Pokhr already spent too much money maintain this property. Mr. Pokhrel informed the Board that is currently working with a property management company about them managing the property. Chairman Crowson asked Mr. Pokhrelssue M he has r. Pokhrelpieplied no the he Apartment complex regarding the fence and d Crowson replied maybe he should. Mr. Caulkins commented that is also should get camera to city with thelled as a deterent and nonemergency police to evidence of illegal dumping. Itgood idea discuss your problem with trespassing. Mr. Cope asked Mr. Pokhrel how often he inspects the property himself. Mr. Pokhrel replied every other week. Mr. Cope asked Mr. Pokhrel if he ever receive phone calls from then tenant regarding the conditions of the property. Mr. Pokhrel replied sometimes he does. Mr. Cope asked if the tenants don't report every time there is a break in. Mr. Pokhrel replied no but we don't have break in. We mostly have illegal dumping. Mr. Cope replied if you are doing everything then why is the city sending contractors out to clean it up. Mr. Pokhrel replied because people are putting more stuff out. Mr. Cope replied why didn't you beat the city to resolving the issue. Why does the city have to respond other then you as the property owner. You've stood in front of this Board stating you have taken care of everything to the best of your ability but that does not sound accurate. Mr. Cope asked Mr. Pokhrel if he has a response to that. Mr. Pokhrel replied yes. When he took over the property, the dumpster used to be open and was full of trash. They cleaned it up and installed the enclosure for the dumpster. Mr. Cope asked Mr. Pokhrel if he has contacted any private security services to drive by on a random basis to check on the property overnight. Mr. Pokhrel replied no. He did have a handy man and gave him the keys to property and didn't know he was living on the property. He had stuff in one of the units and was going there at night. This is the incident that the city had referred to earlier. As soon as he found out, police had him removed. Mr. Cope replied that he wasn't talking about this incident he was referring having a security service that would send a car by to check on the property on a infrequent basis since he is stating people are trashing your property when tenants and other are not there to witness this occurring. Substandard Building Board Meeting July 18, 2023 Page 8 of 14 Chairman Crowson asked Mr. Pokhrel how long he has owned the property. Mr. Pokhrel replied almost 3 years. Chairman Crowson asked Mr. Pokhrel if he would like to say anything else to the Board Mr. Pokhrel replied that he has managed the property himself and he going to be letting a property management company handle the property. Mrs. Martinez informed that she wanted to clarify a few things that Mr. Pokhrel had stated. In regards to the trash being thrown from the apartment complex, she doesn't doubt that but doesn't see someone from an apartment complex throwing big can containers onto the property or the bucket that was filled with somethings, possibly oil. In regards to the gate enclosure, Mr. Pokhrel referred the gate enclosure around the dumpster is broken and 3 weeks later the gate is still broken especially when he says he is doing all he can. Mrs. Martinez informed the Board that when she was out there on June 30, 2023, she asked Mr. Pokhrel about the security and asked if he had any cameras and she offered that Code could assist with the illegal dumping and if he obtained any footage of that and we could help with addressing that. He stated that there are no cameras out there. Also, in regards to fence located in the back of the property, those are broken. When she met with the property owner, she recommended replacing with wrought iron and his response was that they would still break it. She tried to explain to him that with wrought iron they could see back there to make sure no one back there or staying back there. The fence still remains the same. She also suggests putting up "No Loitering" signs. They do have "No Trespassing" signs but those have been torn down. Mr. Pokhrel told her signs were being removed and she suggested maybe painting it on the building so there would be something if the Police had to take action. Signs are not up either. Mrs. Martinez informed the Board that this property is commercial but there are residential properties located behind this property. Chairman Crowson for anyone else wishing to speak on the item to come forward. Mrs. Jennifer Knittel, Salon and & Spa owner, is speaking opposition of the property. Mrs. Knittel informed the Board that she owns the property next door. She has some concerns. She is having a hard time renting spaces out due to activities that have been seen occurring at the property located next to the gas station. It's the north building. There have been suspicious activities going on. I know it was stated there are business in that building but every time she drives by it is empty. She wasn't aware there were business open in back for people off the street. Also, she had been told that there are people living in the building firsthand buti it e wasesal haredwit activity/business her, soshe going s on in that shari g that building. She doesn't know information with the Board. Mrs. Knittel stated that she did agree with Mr. Pokhrel regarding issues with the apartment complex. She stated they cut through her parking lot on a daily basis and they have the same issues with their dumpster. They are consistently pickup up trash around their property. They have signs up but it doesn't stop them and it is more for the city. They also have security ring cameras that are very annoying but it does inform them immediately that they are being recorded. She has been in the building for almost Substandard Building Board Meeting July 18, 2023 Page 9 of 14 a year and have spoken to the apartment complex and they have been through three property management companies in that short amount of time. Her biggest fear are all t17 Glenview. preoblem. lem.suspicious s activities that he back. She wants to work with theme gas station is not a to get that area taken problem. It's the building care of so that both of their businesses can succussed. Chairman Crowson asked Mrs. Knittel if when entering her business does she have to buzz people in for security. Mrs. Knittel replied they have a mag lock system so they can program the system lock and unlock at anytime they want but at this particular location it is locked 24/7 as we don't feel secure for our tenants to have it open during regular business hours. The tenants do have to allow their clients by opening the door for their client. Chairman Crowson called on Stefanie Martinez, Director of Neighborhood Services, to present the substandard case. Mrs. Martinez provided the Board with an overview of action taken to date for the structure located at 8015 Glenview Drive aka 8017 Glenview Drive. • April 28, 2023 - Director Martinez, Code Officer Brian Thomas and Building Inspector Gary Taylor conducted an inspection following a complaint that someone was living inside one of the vacant units. The second story was also with a Stop Work Order by Building Inspector Taylor. Storage and deterioration were observed. • May 23, 2023 — Code Compliance was notified of a NRHPD call via email that Officers located 2 persons living inside one of the vacant suites. • June 15, 2023 — A Notice and Order was posted to the property and mailed to the owner. Photos were taken. • June 22, 2023— Director Martinez spoke with a representative from Bank of the West, the lienholder for this property. She asked about the conditions at the location and stated she may ente towner)ng as ah`wrap ae i�oundn. 'h mortgage e walso lained h h Banthisk property was sold to the of the West was not aware. • June 28, 2023 — Code Officer Matthew Hall re-inspected the property and found no changes observed regarding the substandard conditions. • June 30, 2023 — Director Martinez, Building Official Dave Pendley, Code Compliance Officers Candice Simmons and Thomas Aguayo met with the owner at the property and inspected the vacant units and the grounds. • June 30, 2023 — The Notice to Appear at the July 18, 2023 SBB Hearing was issued to the property owner and lienholder via certified mail and by posting at the property. Substandard Building Board Meeting July 18, 2023 Page 10 of 14 Mrs. Martinez presented several photos of the property. Photos included: • Photo of the Notice and Order posted on the property. • Photo of the Notice of Hearing posted on the property. • Photo taken of the property with a view from the street and photo taken of the back of the property. The one store with the convenient store is 8015 Glenview Drive and the 2-story building is 8017 Glenview Drive. • Photo provided of an occupied unit on the second floor with inadequate sanitation and structural hazard. There is debris scattered inside and ceiling tiles have come down. This is until that a stop work order was posted on. Chairman Crowson asked Mrs. Martinez can we not shut them down and vacate all the units. Mrs. Martinez replied that is decision the Board can make. Mrs. Martinez continued to present photos of the property. Photos included: • Photos of faulty weather protection of the back door that is cracked and does seal all the way. • Photos showing cracks in the exterior wall of the back building. • Photos of the unit that was being occupied the handy man. Closet area that used to hold the water heater. Photos of the interior vent that leads to the exterior wall. Photos of more plumbing connection. • Photos of the restroom. • Photos of a vacant unit at 8015 Glenview that was a barber shop. The down spout is missing in the back of the building. The mildew on the back of the wall. • Photo of the exterior showing broken light above the dumpster enclosure on June 30, 2023 and July 18, 2023. This was discussed with the property owner when Ms. Martinez was out there on June 30, 2023. • Photos of the cleanout and a hole in the wall above the cleanout at the convenient store. • Photo of a tree growing right behind the back door to the convenient store. She doesn't know if they are using this door but the door was intended to be used otherwise it wouldn't be there. It prevents anyone from exiting that door. Mrs. Martinez has spoken to Fire Department. • Photo of the emergency shut off valve for the gas pumps. The wiring is exposed. Ms. Martinez doesn't know if it works properly. It's not mounted to the wall as it should be. • Photos of the roof top of the first building. • Photos of the electrical panels on the back of the building. The exterior panel appears to be gone. Substandard Building Board Meeting July 18, 2023 Page 11 of14 • Photos of plumbing damaged done on the interior of a unit. • Photos of lawn mowers being stored in a vacant until. Mrs. Martinez expressed her concern with gas power lawn equipment being stored within that building. It is vacant and combustible. This wouldn't be allowed along with all the debris. • Photos showing evidence of a person had been cooking in the vacant until. • Photos of missing ceiling tiles. Mrs. Martinez will defer until so that Mr. Pokhrel can address the Board. Chairman Crowson asked the Board if they had any questions for the city. Chairman McCary asked Mrs. Martinez if the vacant units were boarded up. Mrs. Martinez replied that the units were secured with a lock. She stated while they wanted for the property owner, one of the code officers lean against one of the windows and it moved. The window is not secured to the wall. secured but There nht boarded gap. The window would bow away from the frame. Yes, they Chairman Crowson asked Mrs. Martinez if she contacted the mortgage company. Mrs. Martinez replied by law we have to notify anyone who has a lien on the property and that is why the mortgage company was notified and a notice was issued to the previous owner who still has some connection to the ownership of the property. All lienholders are notified on all proceedings with Substandard Building. Chairman Crowson called Mr. Pokhrel back up. Mr. Pokhrel informed the Board that the open pipes are using in vacant units. That is usually when they fix them up. In 2021, they had a water burst and that is why you saw photos of the pipes and the wall. The missing ceiling titles were removed or fell down from the water burst. They have fix all the stuff and we have tenant we will make nice. There are some issues they need to take care. When he met with the city, he was told that he needs to get things fix and he need to get with the city and he is waiting to get with the city to make the repairs. Chairman Crowson asked Mr. Pokhrel why he is waiting on the city for him to make repairs. Mr. Pokhrel replied that he doesn't know what all know needs to be fix. He knows that when he looks at the property there are things that need to be fix but doesn't think the cracks need to be fix. Mr. Pokhrel stated that when he first purchased the he property, he spent thousands of dollars fixing the property. He has done required to get it fix. Mr. McCary asked Mr. Pokhrel why he hasn't done what the city has him to do. Mr. Pokhrel replied that he removed the lawn mowers. Mrs. Martinez replied she hasn't been back in the building since June 30, 2023. Mrs. Martinez did state that she spoke to the bank representative on June 24, 2023 and she had mentioned that the lawn mowers where in the building. A week later when Mrs. Martinez visited the property the lawn mowers were still in the building. Mr. d do trel knowlibeforehand.t at was before you visited and told him that they had to be removed. He It is the opinion of staff that this property is in violation of each portion of the NRH Code of Ordinances referenced in this presentation and is substandard. Substandard Building Board Meeting July 18, 2023 Page 12 of 14 Staff recommends that the Substandard Building Board find the property to have substandard structures 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. • 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 Richland Hills since the Notice and Order was issued on June 15, 2023. It is the opinion of staff that this property is in violation of each portion of the NRH Code of Ordinances referenced in this presentation and is a nuisance to the public. Staff recommends that the Substandard Building Board find the property to be a public nuisance and order that: • The items and conditions identified in violation of Chapter 34, Section 34-33 be removed within 7 days. • If the owner fails to comply with such order authorize the City to enter on to the property and abate the nuisance and remove the debris with costs to be assessed against the property owner. The City will place a lien on the property for the amount owed plus any accrued interest if the fees are not paid within 30 days from the date of the invoice to clean the property. • A civil penalty be assessed against the property for failure to remove the accumulation from the property in accordance with Chapter 98, Sec 98-470 in the amount of $30,000.00 which is $1,000.00 per day that the property remained in violation of the Ordinances of the City of North Richland Hills since the Notice and Order was issued on June 15, 2023. Chairman Crowson closed the public hearing. The Board discussed different options regarding the substandard case. The Board agreed to rescinded previous motion. The Board discussed different options and civil penalty amounts regarding the nuisance case. MR. DANIEL CAULKINS MOVED TO ENTER THE FOLLOWING AMENDED ORDER FOR SBB 2023- 99 DETERMINING THE PROPERTY LOCATED AT 8015 GLENVIEW DRIVE AKA 8017 GLENVIEW DRIVE LEGALLY DESCRIBED AS LOT 2, BLOCKI, TOWNE OAKS ADDITION IN THE CITY OF NORTH RICHLAND HILLS,TARRANT COUNTY,TEXAS THE COMMERCIAL STRUCTURE IS HEREBY FOUND TO BE S AR NOTICES OF THISS HE ING. ITS HEREBY ORDERED THAT ALL REQUIRED PERMITS BE OBTAINED Substandard Building Board Meeting July 18, 2023 Page 13 of 14 WITHIN 45 DAYS; AND ALL REPAIRS TO THE COMMERCIAL STRUCTURE MUST BE COMPLETED WITHIN 60 DAYS. IF THE PROPERTY OWNERS FAILS TO COMPLY WITH THIS ORDER, THE CITY IS AUTHORIZED TO BRING THE PROPERTY OWNER BACK TO THE 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 JUNE 15, 2023. MR. ROBERT MCCARY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0, MR. JOHN COPE MOVED TO ENTER THE FOLLOWING AMENDED ORDER FOR SBB 2023-99 DETERMINING THE PROPERTY LOCATED AT 8015 GLENVIEW DRIVE AKA 8017 GLENVIEW DRIVE LEGALLY DESCRIBED AS LOT 2, BLOCKI, TOWNE OAKS ADDITION IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS THE COMMERCIAL STRUCTURE IS HEREBY FOUND TO BE A PUBLIC NUISANCE BY REASON OF CONDITIONS SET FORTH IN THE NOTICES OF THIS HEARING IN REFERENCE TO THE CHAPTER 34,SECTION 34-33 SPECIFIC NUISANCE ORDINANCE. THE ITEMS AND CONDITIONS IDENTIFIED IN VIOLATION SHALL BE REMOVED WITHIN 30 DAYS; AND IF THE PROPERTY OWNER FAILS TO COMPLY FULLY WITH THIS ORDER, THE LIENHOLDER SHALL HAVE 30 DAYS TO DO THE SAME. IF THE PROPERTY OWNER OR THE LIENHOLDER FAILS TO BRING THE PROPERTY INTO COMPLIANCE WITHIN THE ALLOWED TIMEFRAME, THE CITY IS AUTHORIZE TO ENTER ON TO THE PROPERTY AND ABATE THE NUISANCE TO INCLUDE THE CLEANING AND REMOVAL OF ALL ACCUMULATION AND DEBRIS AT THE PROPERTY AND ASSESSED THE COST AGAINST THE PROPERTY OWNER WITHOUT ANY FURTHER NOTICE GIVEN TO THE OWNER. THE CITY WILL PLACE A LIEN ON THE PROPERTY FOR THE AMOUNT OWED PLUS ANY ACCRUED INTEREST.A CIVIL PENALTY BE ASSESSED AGAINST THE PROPERTY FOR FAILURE TO REMOVE THE ACCUMULATION FROM THE PROPERTY IN ACCORDANCE WITH CHAPTER 98, SEC 98-470 IN THE AMOUNT OF $5,000.00 WHICH IS $167.00 PER DAY THAT THE PROPERTY REMAINED IN VIOLATION. MR. ROBERT MCCARY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. D. ADJOURNMENT Chairman Crowson adjourned the meeting at 726..p.,Cn. \ "'(-,7f,\_ \ Briak rowson, Chairman ATTEST: `� �Jw Audrey Capp-Ilo, E4c tive Secretary Substandard Building Board Meeting July 18, 2023 Page 14 of 14