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HomeMy WebLinkAboutJune 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 commission 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 "QCT 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: icdj Chairman: Dan Sears ATTEST: 4114k r - Sig a • g echnician: Lisa Hankins BUILDING STANDARDS COMMISSION June 29, 1998 Minutes page 5