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HomeMy WebLinkAbout02/19/2014 BLDG MINUTES CITY OF THE COLONY, TEXAS BUILDING AND STANDARDS COMMISSION Wednesday,February 19,2014 After determining that a quorum was present, the Building and Standards Commission of the City of The Colony, Texas convened into a Regular Session which was held on Wednesday, February 19, at 7:00 PM in the City Council Chambers located in City Hall, 6800 Main Street, The Colony, Texas, at which time the following item were addressed: Board Members Present: Charles Tredo, Chairman; Gerald Odum, Vice Chairman; Shawn Rockenbaugh, and Casey Truskunas, and Constance Yahwak. Board Member Absent: Donna McCright and Stephen Edwards Sr. Present from Staff: Iris Browder, Community Image Manager; Jeff Moore, City Attorney; David Summers, Building Official; and Mike Joyce, Development Services Director. 1.0 CALL REGULAR SESSION TO ORDER Meeting called to order at 7:02pm 1.1 ELECTION OF OFFICERS Motion to elect Charles Tredo Chairman was made by Commissioner Rockenbaugh, motion was seconded by Commissioner Yahwak. Motion carried 5-0. Motion to elect Gerald Odum Vice Chairman was made by Commissioner Rockenbabugh, motion was seconded by Commissioner Tredo. Motion carried 5- 0. 2.0 ITEM FOR CONSIDERATION 2.1 Consider approval of the minutes of the regular session of the February 20, 2013 Building and Standards Commission meeting. Motion to approve the minutes was made by Commissioner Yahwak, Motion seconded by Vice Chairman Odum. 3.0 PUBLIC HEARING Conduct a public hearing regarding a substandard structure on property located at 4640 3.1 Lake Park Drive, The Colony, Texas, and having a legal description of Garza Lake Estates, Block 6, Lot 23. Ms. Browder presented to the Commission a detailed staff report providing the current property owner, property location, existing condition of the property and details explaining all the steps taken prior to bringing the case before them. The following details were read allowed for the record. EXISTING CONDITION OF PROPERTY Inadequate Sanitation: Shall include, but not be limited to: 1. Lack of hot and cold running water to plumbing fixtures in a dwelling unit. 2. Lack of adequate heating facilities. 3. Lack of or improper operation of required ventilation equipment. 4. Lack of required electrical lighting. 5. General dilapidation or improper maintenance. 6. Accumulation of garage and rubbish sufficient to pose a health hazard. Structural Hazard: Shall include, but not be limited to: 1. Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration. 2. Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety. 3. Members of ceilings,roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety. 4. Fireplaces or chimneys which list, bulge, settle, or crack due to defective material or deterioration. Faulty Materials of Construction: All materials of construction, except those which are specifically allowed or approved under this article and the building code, and which have been adequately maintained in good and safe condition. Faulty Weather Protection: Shall include, but not be limited to: 1. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors. 2. Defective or lack of weather protection for exterior wall coverage coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. 3. Broken, rotted, split, or buckled exterior wall coverings or roof coverings. 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 chiefs authorized representative, 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. BACKGROUND • April 4, 2013 - Received a complaint regarding the condition of the property. Conducted an initial inspection of the property and made contact with the property owner. Was advised by Mr. Carniero that he was going to start cleaning up the property that weekend. • May 2, 2013 —Conducted the first re-inspection of the property and did not see much improvement. • May 2, 2013 — Sent substandard notice to the property owner. 2 • May 30, 2013 —Mr. Carniero's contractor came into the office and slammed down three warning notices and stated to the front counter staff that the work would be done in thirty (30) days and he walked away. • June 3, 2013 —Conducted a second re-inspection of the property and no progress was made. • June 3, 2013 —Sent final notice to the property owner. • July 1, 2013 —Title search of the property was completed in order to start the substandard process. • July 23, 2013 —Obtained a warrant for the inspection of the property. • July 24, 2013 —Executed warrant. • July 25, 2013 —Mr. Carniero's son Anthony came into the office and obtained a demolition permit for the burned garage. • October 30, 2013 —A female representative for the property came into the office and obtained a landfill pass. Staff printed out pictures of the debris and indicated to her what items would need to be removed/repaired from the property in order to be in compliance. • November 11, 2013 —Iris Browder, Community Image Manager, contacted Anthony Carniero (son) and explained that it was imperative that the items be removed from the property otherwise we would be forced to take the structure before the Building and Standards Commission. She also explained that we would also provide them with additional dump passes in an effort to motivate them to remove the debris from the property. • January 13, 2014—Final inspection of the property was conducted. The garage has been removed, but the remaining structure still needs to be repaired. • January 16, 2014—Obtained warrant for inspection of the interior of the property. • January 17, 2014—Executed warrant. SUBSTANDARD PROCESS OUTLINED IN ORDIANANCE • July 1, 2013 —Title search of the property was completed. No lien holder found. • February 3, 2014 — Notice mailed to the property owner informing him of the Building and Standards Commission Meeting to be held on February 19, 2014. (Sent regular and certified mail) • February 4, 2014—Notice of hearing was posted at the property. • February 4, 2012 - Verified no active water account. Property still listed under the name Robert A. Carniero with the Denton County Appraisal District. • February 7, 2014—Notice of hearing was posted in the newspaper. After the staff report details were read, Ms. Browder explained to the Commission their options which were to allow the home owner to repair the structure or demolish the structure within thirty (30) days. Chairman Tredo asked if anyone was present to speak on this particular item and the property owner, Robert Carnerio got up and spoke to the Commission. Mr. Carnerio told the Commission that he was trying to fix the place, but he is limited on funds. He stated that he was homeless and doing the best he could to fix the place up. He asked for 3 additional time to make the repairs. Mr. Carneiro said he doesn't have help and asked the board for help and once he passes away the city could have the property. Commissioner Yahwak asked if there was any money collected from insurance after the fire. Mr. Carnerio said no. He asked if the city had any kind of government loans. The Commission stated no. The City Attorney, Jeff Moore, stated that the Commission does not have the authority to provide financial assistance. Mr. Carniero said he could get the house fixed for less than $30,000 and he has a place that he can get the money. Mr. Moore explained to the Commission the 3 options they had regarding regarding the structure, which were to continue the public hearing for a month, draft an order stating to repair/demolish in 30 days, or allow a 60 or 90 day extension that would include a schedule showing the work to be completed. Mr. Moore asked Mr. Carnerio if the house had electricity. Mr. Carniero said no, but he is getting power from the property next door that he owns. Mr. Carniero said he does have running water and sewer. Mathew See, a family friend who is helping Mr. Carnieor fix up the property, stated that the reason the electrical cords are being run from the other property is just for the remodel. The City Attorney asked if the fireplace was going to be enclosed. Mr. Carniero said he was going to remove it by Friday and we could inspect it at 2 o'clock. He stated that if he had 90 days the house would be fixed up and everything clean. Commissioner Odum stated he had 10 months to fix the house and he didn't do it so what would giving him an additional 3 months do. Commissioner Odum asked what has changed. Mr. Carniero stated that he had to put his pride aside and ask/accept help from others to get the house up to code. Mr. Carniero asked for 90 days and stated if it was not done we can tear it down and he will sell the lot. He stated he thought it was fair and asked the Commission if they would agree to that. Commissioner Tredo stated that if after 60 days he is not progressing, that the city would tear down the house. Commissioner Tredo asked if Mr. Carniero would agree to that. Mr. Carniero stated yes, at the end of sixty (60) days he would knock it down and sell the lot. Commissioner Tredo said he didn't want Mr. Carniero living at the property while it is being repaired. Mr. Carniero said he would be living with friends,not the house. Commissioner Odum asked if we could provide Mr. Carniero with a list of what needed to be done on the property. The Building Official , David Summers, said he would need a qualified electrician, framers and would need to submit for a permit. Mr. Carniero said he was going to get an architect to draw up some plans. 4 Commissioner Truskunas asked Mr. Carniero if the board decides to give him 30 or 60 days to repair the structure and if it is not done by then, would he be willing to sign something saying that the city could bulldoze the structure. Mr. Carniero said yes, he would let us demolish the house in sixty (60) days if it is not done and he would pay off the lien once the property is sold. Mr. Carniero said that before the Commission closes the meeting he wanted to state that he agrees with the board 100 % and that two weeks is sufficient to get an architect to look at the property and submit plans. Commissioner Tredo closed the public hearing. Consideration and action on a substandard structure on property located at 4640 Lake 3.2 Park Drive, The Colony, Texas, and having a legal description of Garza Lake Estates, Block 6, Lot 23. After discussion by the Commission, Commissioner Odum made a motion to authorize the chair to sign an order that declares the structure at 4640 Lake Park Drive a substandard structure. The order grants the owner until March 5th, 2014, to submit for the building permit, commence repairs by March 19th, 2014 and complete the work by May 19th, 2014. Commissioner Truskunas seconds the motion. Commissioner Tredo summarized the dates from Mr. Carniero. Mr. Carniero said if he can't get it done before then, he will come to the city and have the strucutre bulldozed. Motion passes 5-0. Meeting Adjo.'rned at 7:58pm Charles Tredo, Chairperson Iris row er, Recording Secretary 5