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HomeMy WebLinkAboutDocuments CITY OF COLLEGE STATION BUILDING AND STANDARDS COMMISSION FINDINGS AND ORDER BE IT REMEMBERED THAT ON September 28, 1998,The Building and Standards Commission for the City of College Station,Texas, conducting a public hearing concerning the structure located at 1108 Detroit Street,Lot 20,Block 5,McCullough Subdivision. After considering the evidence presented the Commission finds: That the structure described above: Nis not an unsafe structure is unsafe because of the following violations: \ Sanitary facilities(sinks,lavatories,tubs,showers and water closets)are damaged or missing, in violation of the City's Building Regulations Code. \Plumbing fixtures in each dwelling unit are not connected to an operational source of hot -- and cold water,in violation of the City's Structural Standards Code. \ Electrical outlets,fixtures,receptacles,equipment and wiring are missing or inoperable, so that they cannot be used in a safe manner,and are not properly connected to a source of electrical power in a safe manner, in violation of the City's Structural Standards Code. \ Exterior windows and doors are damaged or destroyed, so that the buildings are not substantially weathertight,in violation of the City's Structural Standards Code. _ Interior floors,walls,and ceilings are not substantially safe to use, nor capable of supporting the load which normal use as a dwelling unit would require,in violations of the City's Structural Standards Code. \ Structural elements of the buildings are not sound and are not capable of carrying the loads that normally would be placed thereon, in violation of the City's Structural Standards Code. \Criminal activity,vagrancy and trespass has occurred in the past with resultant increase in susceptibility to fire damage,endangering others'property and safety, in violation of the City's Health and Sanitations Ordinances and Fire Codes. \ The structure has not been maintained in a safe and sanitary condition, in violation of the City's Structural Standards Code. \ The structure does not have adequate heating facilities maintained in safe and good working \ condition, in violation of the City's Structural Standards Code. The structure does not have required cooking equipment, in violation of the City's Structural Standards Code. IT IS THEREFORE ORDERED THAT THE STRUCTURE BE DEMOLISHED AND ALL DEBRIS REMOVED FROM THE LOT WITHIN _The Commission also accesses a civil penalty in the amount of$ per day(not to exceed$1,000 per violation)for days. Entered this 28-14"- day of ,ptim../_ . , 1998 cc) ,Presiding Chairman • • • PUBLIC NOTICE - BUILDING STANDARDS COMMISSION MEETING • The Building Standards Commission will meet at 6:00 p.m. in the Training Room, City Hall, City of Col- lege Station, Monday, Sep- tember 28, 1998. 1. Public hearing anti con- sideration of a report by the Building Official concerning the property located at 1108 Detroit, Lot 20, Block 5, . McCullough Subdivision. 9-15-98, 9.16-98 • • S 4. CITY OF COLLEGE STATION Development Services Department Jr I WI MI e_ -- WV" Tir IVY �T*r' aL�mii ti dri P. , AV • J i1�;C'i: to TAr31 a3'.� um m I ,Tr.ay.", izzle■ Ayr .M� Ik' I Pm III L , mol I.'� 11� 4/1116 , limmi. m16. NE f Ma WI,.MI IMP 1•=■ 71•-\MI1 IN V'.../MEM feint fontr.. mm ms.. I i�M• Jm� dl Ikh 'ZI__ 411�r Mb..• rME lin/ Jur w MIMI =1 •=__l MIN—' Al=I= •s no s. sm.i ower myna .0 0 AN=. •=1 MR••• AD=NM Building a Better City in Partnership With You BUILDING STANDARDS COMMISSION September 28, 1998 Training Room, 6:00 p.m. Prepared by Development Services Building Division 1 COLLEGE STATION P. O. Box 9960 • 1101 Texas Avenue • College Station, TX 77842 Tel: 409 764 3500 September 8, 1998 The Eagle Attn: Joyce Hayes 1729 Briarcrest Drive Bryan,Texas 77802 RE: Legal Publication Dear Joyce: Please publish the following legal notice in the classified section as indicated on fax. Please bill the City of College Station,Post Office Box 9960, College Station,Texas 77842. PUBLIC NOTICE BUILDING STANDARDS COMMISSION MEETING The Building Standards Commission will meet at 6:00 p.m. in the Training Room, City Hall, City of College Station, Monday, September 28, 1998. 1. Public hearing and consideration of a report by the Building Official concerning the property located at 1108 Detroit,Lot 20,Block 5,McCullough Subdivision. If you have any questions, please call me at(409)764-3743. Thank you for your assistance. Sincerely, AO //PP ..e • Lisa Hankins Building Technician Home of Texas A&M University COLLEGESTATION P. O. Box 9960 • 1101 Texas Avenue • College Station, TX 77842 Tel: 409 764 3500 September 21, 1998 Dan Sears 1009 Madera Circle College Station, Texas 77840 RE: Building Standards Commission Meeting Dear Mr. Sears: The Building Standards Commission will meet in the Training Room, City Hall, City of College Station, Monday, September 28, 1998,6:00 p.m. 1. Public hearing and consideration of a report by the Building Official concerning the property located at 1108 Detroit Street, Lot 20,Block 5, McCullough Subdivision. Enclosed is an agenda of the other items to be addressed. Please make every attempt to attend the meeting,your presence is needed to have a productive meeting. If you have any questions,please call me at 764-3743. Sincerely, 1(7 )4:-.1547-614-441-1-2. Lisa Hankins Building Technician enclosures s Home of Texas A&M University c= � COLLEGE STATION I P. O. Box 9960 • 1101 Texas Avenue • College Station, 9TX 77842 Tel 409 764 3500 September 21, 1998 Glenn Thomas 1110 12th Man Court College Station,Texas 77845 RE: Building Standards Commission Meeting Dear Mr.Thomas: The Building Standards Commission will meet in the Training Room, City Hall, City of College Station, Monday, September 28, 1998, 6:00 p.m. 1. Public hearing and consideration of a report by the Building Official concerning the property located at 1108 Detroit Street,Lot 20,Block 5,McCullough Subdivision. Enclosed is an agenda of the other items to be addressed. Please make every attempt to attend the meeting,your presence is needed to have a productive meeting. If you have any questions,please call me at 764-3743. Sincerely, Lisa Hankins Building Technician enclosures Home of Texas A&M University (.._.1� .. COLLEGE S1, . 1 / P. 0. Box 9960 • 1101 Texas Avenue • College Station, TX 77842 Tel: 409 764 3500 September 21, 1998 Bill Lewis 1105 Ester Boulevard Bryan,Texas 77802 RE: Building Standards Commission Meeting Dear Mr.Lewis: The Building Standards Commission will meet in the Training Room, City Hall, City of College Station, Monday, September 28, 1998,6:00 p.m. - 1.Public hearing and consideration of a report by the Building Official concerning the property located at 1108 Detroit Street,Lot 20,Block 5,McCullough Subdivision. Enclosed is an agenda of the other items to be addressed. Please make every attempt to attend the meeting,your presence is needed to have a productive meeting. If you have any questions,please call me at 764-3743. Sincerely, 4 - :— •, . fp . isa Hankins Building Technician enclosures Home of Texas A&M University -� - COLLEGE STATION P. 0. Box 9960 • 1101 Texas Avenue • College Station, TX 77842 Tel: 409 764 3500 September 21, 1998 James Holster 7607 Eastmark Drive, Suite 200 College Station,Texas 77840 RE: Building Standards Commission Meeting Dear Mr.Holster: The Building Standards Commission will meet in the Training Room, City Hall, City of College Station, Monday, September 28, 1998,6:00 p.m. 1. Public hearing and consideration of a report by the Building Official concerning the property located at 1108 Detroit Street,Lot 20, Block 5,McCullough Subdivision. Enclosed is an agenda of the other items to be addressed. Please make every attempt to attend the meeting,your presence is needed to have a productive meeting. If you have any questions,please call me at 764-3743. Sincerely, Lisa Hankins Building Technician enclosures Home of Texas A&M University COLLEGE STATION P. 0. Box 9960 • 1101 Texas Avenue • College Station, TX 77842 Tel: 409 764 3500 September 21, 1998 George McLean C.S.I.S.D. 2000 Welsh Avenue College Station,Texas 77840 RE: Building Standards Commission Meeting Dear Mr.McLean: The Building Standards Commission will meet in the Training Room, City Hall, City of College Station, Monday, September 28, 1998,6:00 p.m. - • 1.Public hearing and consideration of a report by the Building Official concerning the property located at 1108 Detroit Street,Lot 20,Block 5,McCullough Subdivision. Enclosed is an agenda of the other items to be addressed. Please make every attempt to attend the meeting,your presence is needed to have a productive meeting. If you have any questions,please call me at 764-3743. Sincerely, Lisa Hankins Building Technician enclosures Home of Texas A&M University .., r.- - __. . COLLLG___ , --... - (:_7 -e<.e---9V--ti-A--L-- E STATION ` P. 0. Box 9960 • 1101 Texas Avenue • College Station, TX 77842 Tel: 409 764 3500 September 21, 1998 Robert Mooney 1111 Haley Place College Station,Texas 77840 RE: Building Standards Commission Meeting Dear Mr.Mooney: The Building Standards Commission will meet in the Training Room, City Hall,City of College Station, Monday, September 28, 1998,6:00 p.m. __ 1.Public hearing and consideration of a report by the Building Official concerning the property located at 1108 Detroit Street,Lot 20,Block 5,McCullough Subdivision. Enclosed is an agenda of the other items to be addressed. Please make every attempt to attend the meeting,your presence is needed to have a productive meeting. If you have any questions,please call me at 764-3743. Sincerely, Lisa Hankins Building Technician enclosures Home of Texas A&M University COLLEGESTATION . . . . P. 0. Box 9960 `,/j 1101 Texas Avenue • College Station. TX 77842 Tel:409 764 3500 September 21, 1998 Helene Weber 1006 Val Verde College Station,Texas 77845 RE: Building Standards Commission Meeting Dear Mrs. Weber: The Building Standards Commission will meet in the Training Room, City Hall, City of College Station, Monday, September 28, 1998,6:00 p.m. 1. Public hearing and consideration of a report by the Building Official concerning the property located at 1108 Detroit Street,Lot 20,Block 5,McCullough Subdivision. Enclosed is an agenda of the other items to be addressed. Please make every attempt to attend the meeting,your presence is needed.to have a productive meeting. If you have any questions,please call me at 764-3743. Sincerely, .— .,_ (7f64:ei......51\7441.Avt_ • Lisa Hankins Building Technician enclosures Home of Texas A&M University 1 ...- _ COLLEGE'% 4,44 STATION L....... P. 0. Box 9960 • 1101 Texas Avenue • College Station, TX 77842 / Tel: 409 764 3500 September 21, 1998 • Kevin Kuddes 601 Aster Drive College Station,Texas 77845 RE: Building Standards Commission Meeting Dear Mr.Kuddes: The Building Standards Commission will meet in the Training Room, City Hall, City of College Station, Monday, September 28, 1998,6:00 p.m. 1.Public hearing and consideration of a report by the Building Official concerning the property located at 1108 Detroit Street,Lot 20,Block 5,McCullough Subdivision. Enclosed is an agenda of the other items to be addressed. Please make every attempt to attend the meeting,your presence is needed to have a productive meeting. If you have any questions,please call me at 764-3743. Sincerely, (7fes.<6_574/124.1444(4........"; Lisa Hankins Building Technician enclosures Home of Texas A&M University • AGENDA BUILDING STANDARDS COMMISSION Monday, September 28, 1998,6:00 p.m. Training Room College Station,Texas 77840 1. Call meeting to order 2. Hear visitors 3. Oath of Office and Introduction of new board members 4. Approve Minutes from Building Standards Commission Meeting on June 29, 1998 5. Public hearing and consideration of a report by the Building Official concerning the property located at 1108 Detroit Street,Lot 20,Block 5,McCullough Subdivision. 6. Adjourn This building is wheelchair accessible.Handicapped parking spaces are available.Any request for sign interpretive services must be made 48 hours before the meeting.To make arrangements call(409)764-3547 or (TDD) 1-800-735-2989. AGENDA ITEM NUMBER 3 : Oath of Office and Introduction of new board members Board Members: Dan Sears, Chairman - reappointed James Holster, Vice Chairman - reappointed Helene Weber - new appointment Kevin Kuddes - alternate AGENDA ITEM NUMBER 4: Approve Minutes from Building Standards Commission Meeting, June 29, 1998 • "SUBJECT TO APPROVAL" MINUTES BUILDING STANDARDS COMMISSION June 29, 1998 6:00 p.m. Training Room MEMBERS PRESENT: Chairman Dan Sears,Board Members Glenn Thomas, James Holster,Robert Mooney, Jean C.Bailey, George McLean,Bill Lewis, MEMBERS ABSENT: Alternates Wick McKean and Steve Abalos STAFF PRESENT: Building Official Lance Simms, Fire Marshal Jon Mies Senior Assistant City Attorney Roxanne Nemcik Building Technician Lisa Hankins, Senior Secretary Melissa Rodgers AGENDA ITEM NO. 1: Call meeting to order The meeting was called to order by Chairman Dan Sears AGENDA ITEM NO. 2: Hear Visitors for items not on agenda There were no visitors AGENDA ITEM NO.3: Approve Minutes from Building Standards Commission Meeting on March 23, 1998. Glenn Thomas motion to accept minutes, George McLean seconded the motioned, the board concurred(7-0). AGENDA ITEM NO.4: Public hearing to consider a report by the Building Official concerning the property located at 306 Redmond Drive,Redmond Terrace,Lot 11-17,Block 4 and adjacent acreage in the Kapchinski Subdivision,Acres 3.45 known as the"Meridian Apartments." Dan Sears asked staff to brief the board on the agenda item. Lance Simms took the floor to brief the commission about what has taken place since the last two meetings. He said that at the February 23, 1998 meeting regarding the property in question,the commission declared the 12 buildings unsafe and uninhabitable.During that meeting an order was issued by the commission to give the owners ninety(90)days to have the 12 buildings demolished and the debris removed. BUILDING STANDARDS COMMISSION June 29, 1998 Minutes "SUBJECT TO APPROVAL" Lance reminded the commission that the owners had thirty(30)days to appeal the order from the date of the original order,according to Roxanne Nemcik,the Senior Assistance City Attorney. Lance said that a subsequent meeting on March 23, 1998 was called to allow the owners representative to present a plan of action to the commission inform the commission. The commission voted at that meeting to confirm the original order.Lance reiterated to the commission the condition of the buildings and discussed the options available at this point. After briefing the commission on the status of this situation, Lance said that he and Jon Mies,the Fire Marshal,agreed that some action needs to be taken at this point to resolve this problem. Lance told the commission that the buildings still present a health and safety risk to the public. Lance said at this point,by ordinance,the conunission could present civil penalties in the amount of$1,000 per day per violation in this case. Lance said he had no feelings either way on this matter,and would leave that decision to the commission. He also said that the commission could order the city to demolish the buildings in question. Roxanne Nemcik took the floor to explain the legalities of this case. She said that to try to collect money from the owners would not be as easy as it might seem. She said that because the owners were a corporation,it would be difficult to recover any money since the only asset the owners have is the property in question. Jean Bailey asked Roxanne about possibly putting a lien on any other property the individuals may own to try and recover the money for the demolition costs. Roxanne said that because the owners are a corporation and have no other assets in their name it would not be feasible to put a lien on the property. Jean asked Roxanne if they could go after the individual owners for the money,but Roxanne said that because the owners are incorporated,they cannot go after them. Dan Sears informed the commission that they have already condemned the property,so now it was time to discuss the options available at this time. Roxanne said at the last meeting,the commission was to request the owners to demolish the buildings in question according to a"general order". She said that at that time, if the owners decided they could not follow through with the order,the commission would present this case to council to figure out where to get the money to proceed with demolition and removal of debris for said property. Glenn Thomas asked if the commission worked with council to try and go through the legal procedures to condemn and actually own the property,would there be a possibility of us spending the money and still not owning the property as the city. Roxanne said you would still have to put a lien on the property,and that lien would have to be renewed periodically. The city would have to go through foreclosure proceedings which would or would not satisfy the debt on the property. If the debt was not satisfied,then the city would take the property into their name for whatever the value of the property was worth. Roxanne confirmed that the lien on the property would be set for the value of demising and removed debris from the property. BUILDING STANDARDS COMMISSION June 29, 1998 Minutes page 2 • "SUBJECT TO APPROVAL" Dan Sears said it might be that the owners would eventually turn over the property to the city for payment of the debt,however,Roxanne said that could be a possibility,but not likely. She said the owners would have to file bankruptcy charges,and she was under the impression that would not happen since the bankruptcy law protects you from anyone taking your personal assets. She said we were dealing with a corporation and they probably would not go through that process. Roxanne said she had researched the owners assets and found one of the owners owned a lot of property locally and in surrounding cities, she said financially he was well off,and the bottom line of this whole situation is that he did not want to pay for anything on this project. Lance Simms reiterated the cost of demolishing the structures and the removal of the debris to the landfill, which by preliminary estimates showed to be in excess of$100,000,not including the foundations. The commission discussed the options of salvaging the foundations by possibly raising them and allowing future construction of new apartments. However, some of the commission agreed that the foundations were substandard and would not be worth the time and money to bring them out of the flood way. Dan said that it would be too difficult to displace the buildings in the flood way,and the flood plain,and would not be worth the efforts involved. Dan Sears opened the public hearing There was no one present to speak in favor of or against this matter •- Dan Sears closed the public hearing. Jean Bailey motioned to issue a"general order" to demolish and remove the structures in question. Robert Mooney seconded the motion,the commission concurred, (7-0). AGENDA ITEM NO.5 Public hearing for the consideration of condemnation of the property located at Lot 20,Block 5, 1108 Detroit Street. Dan Sears asked staff to brief the commission on this issue. Lance Simms took the floor to brief the commission on the property in question. He said the city had received a complaint regarding the above mentioned property. A site inspection was done by Lance,the Fire Marshal Jon Mies,and Police Officer Tom Dajowski. At that time, it was believed that a person was occupying the building,which had been without any water or electricity, service for over a year. Lance presented photos of the property to the commission that were taken during the on site inspection. The photos showed extensive deterioration of the exterior and interior portions of the building. It also revealed the interior structural damage of the living room,kitchen,bedroom, and bathroom. Lance reminded the commission that the water or sewer service had not been on in over a year,and the tenant was using a bucket in lieu of the bathroom facilities. Lance also pointed out from the photos that there was no cooking equipment in the kitchen. BUILDING STANDARDS COMMISSION June 29, 1998 Minutes page 3 "SUBJECT TO APPROVAL" Lance went over a list of alleged code violations with the commission observed at the property. Lance went on to say that the first priority was to declare the structure unsafe and then recommend that the property be vacated and enventually demolished. Dan Sears asked if it was staff's opinion that the structure could not be repaired and brought up to code standards. Lance said it probably could be brought up to code standards,however,it would not be worth the cost involved. Lance said that Jon Mies and the Community Development Department indicated that they have funds to demolish the structure. Jon Mies took the floor to explain that a year ago a Community Development staff member went to the property in the hopes of rehabilitating the structure. Jon said that once they had looked over the property, community development decided it would not be feasible to rehabilitate the structure due to the condition of the structure. He said at that time three tenants were living in the house,and there was electric service there. Jon said that the Community Enhancement Department had been recently working with the Police Department in cleaning up the lot across the street,and at that time was told there might be criminal activities be conducted at the property in question. Jon said that there was reason to believe that there were drug dealing going on and he had also heard about the tenant living there with no utility services. -. Jon said that all these events led up to the investigation of this property. Dan Sears opened the public hearing Mr. Norman Gibbs took the floor to speak in favor of the demolition of the property. He said he represented and organization called CBM(concerned black men)which participated in the clean-up of lots in the neighborhood. He said he had been hearing about the possible criminal activities in this house and possibly another one in the neighborhood. He said that condemnation should be considered for this property. Mr. Gibbs asked who the owner was,and Lance said it was Mr. Stanley Ford. Jon Mies said that some of the Ford's lived on Lake Tonkaway Road in College Station and had been living there for some time. Dan Sears closed the public hearing Glenn Thomas made a motion to have the property vacated within thirty(30)days,and to declare the property condemned and demolished within sixty(60)days. George McLean seconded the motion,the commission concurred, (7-0). AGENDA ITEM NO.5: Adjourn Glenn motioned to adjourn, Jean C.Bailey seconded the motion,the commission concurred, (7-0). BUILDING STANDARDS COMMISSION June 29, 1998 Minutes page 4 "SUBJECT TO APPROVAL" APPROVED: Chairman: Dan Sears ATTEST: 411. Obi AIM Ar //-zajg& Sprg echnician: Lisa Hankins BUILDING STANDARDS COMMISSION June 29, 1998 Minutes page 5 AGENDA ITEM NUMBER 5: Public hearing and consideration of a report by the Building Official concerning the property located at 1108 Detroit Street, Lot 20, Block 5, McCullough Subdivision BUILDING STANDARDS COMMISSION Staff Report Item: Public hearing and consideration of a recommendation by the Building Official and the Fire Marshal that the City of College Station be ordered to demolish the structure located at 1108 Detroit Street, Lot 20, Block 5, 1108, McCullough Subdivision. Policy Issue Statement: Health and Public Safety - Citizens benefit from available Health and Human Services in a reasonably safe and secure environment. Item Background: The Building and Standards Commission issued an order on June 29, 1998 requiring the owner to demolish the structure and remove all debris from the lot within sixty (60) days. The sixty(60) day time period has elapsed and the owner has not complied with the commissions order. Staff Recommendation: Staff recommends the commission order the city to demolish the building and remove all debris in compliance with Chapter 3, Section 1, G, 9, College Station Code of Ordinances. AGENDA ITEM NUMBER 6: Adjourn