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1995-05-22City of Southlake, Texas NOTICE OF PUBLIC HEARING TO BE HELD BEFORE THE BUILDING BOARD OF APPEALS ON MONDAY, MAY 22ND , 1995 AT 7:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT SOUTHLAKE CITY HALL, 667 NORTH CARROLL AVENUE, SOUTHLAKE, TEXAS 76092. Name and Address of Record Owner: MR. W. B. DOWNING RR 2, BOX 29 A ROANOKE, TEXAS 76262-9802 According to the records of Tarrant County Appraisal District, you are the owner of property described as: TRACT 21, ABSTRACT 992D OUT OF R. D. PRICE SURVEY. LOCATED IN THE 4000 BLK OF T.W. KING RD. Please be advised that on 05/10/95 the Building Official of the City of Southlake has found and determined that a building located on the above described property is substandard and proceedings shall commence to cause the repair, vacation, relocation of occupants, removal, demolition or securing of the building. Attached please find a copy of the Substandard Building Inspection Report dated 05/10/95 , describing the conditions found to render the building substandard or dangerous under the provisions of the Uniform Building Code set forth in Ordinance No. 615, Section IV. A Public Hearing will be held before the Building Board of Appeals to determine whether the building/structure located at the above described property complies with the standards set out in Ordinance No. 615, Section IV. According to Ordinance No. 615, Section VI, (d) the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the Ordinance, and the time it will take to reasonably perform the work. If the building is found to be in violation of this Ordinance, the Board may order that the building be repaired, vacated, removed or demolished, secured, or the occupants relocated, by the owner, mortgagee or lienholder within thirty days (30 days). If the Order given to the owner, mortgagee, or lienholder is not complied within the allowed time, the Board may order the City to vacate, secure, remove or demolish the building or relocate the occupants of the building. The expenses incurred by the City shall be a personal obligation of the property owner in addition to a priority lien being placed upon the property to secure payment. If you should have any questions regarding this notice, or you are not the owner, mortgagee, or lienholder please call the office of the Building Official or the Code Enforcement Officer at 817/481-5581. attachment: Substandard Buildings Inspection Report Case No. 008 Dated 05/10/95 THE STATE OF TEXAS COUNTY OF TARRANT EXECUTED THIS THE DAY OF ACKNOWLEDGEMENT AK A R �J Ff S ndra L. LeGrand ,City Secretary o - Y_ 1wwA+'y BEFORE ME, the undersigned au * T this day personally appeared Sandra L. LeGrand, City Secretary, known to me to be the person whose name is subscribed to the foregoing instrument, NOTICE OF PUBLIC HEARING BEFORE THE BUILDING BOARD OF APPEALS OF THE CITY OF SOUTHLAKE, TEXAS, and acknowledged to me that she executed the same for the purposes and consideration therein expressed and in the capacity therein stated, and as the act and deed of said city. GIV NNND ER MY HAND AND SEAL OF OFFICE on this the day of ,(,t j., , A.D. 199'1--� a���PY P�g1yA 1CIM L. BUSH * Notary Public STATE OF TEXAS F My Comm. Exp. 05/27/98 RETURN DOCUMENTS TO: City of Southlake c/o Sandra L. LeGrand City Secretary 667 North Carroll Avenue Southlake, Texas 76092 Not y Public in and for the St e of Texas My Commission Expires: 11969 212h SUBSTANDARD BUILDINGS INSPECTION REPORT CITY OF SOUTHLAKE, TEXAS 76092 667 NORTH CARROLL AVENUE (817) 481-5581 - FAX (817) 488-5097 PROPERTY ,92T) TRACT Out Of R- D- PRICE SURVEY — SUB DIVISION PROPERTY 1 DOMING RR 2 :M . 29 A I PD a NDA Y. PROPERTY OCCUPANT ORDINANCE NO. 615 _ CASE NO. oog DATED n.-)/l o 95 AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDINGTHAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION IV. SUBSTANDARD BUILDINGS DECLARED For the purposes of this Ordinance, any building, regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described shall be deemed to be a substandard building:, (1) Any building that is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare. (2) Any building that, regardless of its structural condition, is unoccupied by its owners, lessees or other invitees and is unsecured from unauthorized entry to the extent that 1 11969 2127 it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children. (3) Any building that is boarded up, fenced or otherwise secured in any manner if: (a) The building constitutes a danger to the public even though secured from entry; or (b) The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by Section IV(2) above. (4) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. Y_ (5) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. (6) Whenever the stress in any materials, or members or portion thereof, due to all dead and live loads, is more than one and one half times the tvorking stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. (7) Whenever any portion thereof has been damaged by fire, earthquake, wind flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. (8) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. (9) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. (10) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. .� (11) Whenever the building, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of 2 11969 2128 any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse. X (12) Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. (13) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. (14) Whenever the building, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or .50 or more percent damage or deterioration of its non -supporting members, enclosing or outside walls or coverings. (15) Whenever the building has been so damaged by fire,' wind, earthquake, flood or other causes, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; or, (b) a harbor for vagrants, criminals or immoral persons. (16) Whenever any building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building provided by the building regulations of this jurisdiction, as specified in the Building Code, or of any law or, ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. (17) Whenever any building which, whether or not erected in accordance with all applicable laws and ordinances, has in any non -supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength, (b) fire -resisting qualities or characteristics, or (c) weather -resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. (18) Whenever a building, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease for reasons including, but not limited to, .the following: (a) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. (b) Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. 11969 212q (c) Lack of, or improper kitchen sink in a dwelling unit. (d) Lack of hot and cold running water to plumbing fixtures in a hotel. (e) Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. )-- (f) Lack of adequate heating facilities. (g) Lack of, or improper operation of, required ventilating equipment. (h) Lack of minimum amounts of natural light and ventilation required by this code. (i) Room and space dimensions less than required by this code the building code. (j) Lack of required electrical lighting. (k) Dampness of habitable rooms. (1) Infestation of insects, vermin or rodents. (m) General dilapidation or improper maintenance. (n) Lack of connection to required sewage disposal system. (o) Lack of adequate garbage and rubbish storage and removal facilities. ✓ (19) Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. (20) Whenever any building is in such a condition as to make a public nuisance known to the common law or in equity jurisprudence. (21) Whenever any portion of a building remains on a site after the demolition or destructiorr of the building. X (22) Whenever any building is abandoned so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (23) Any building constructed and is still existing in violation of any provision of the Building Code or Uniform Fire Code of the City of Southlake. 4 11969 2 121 n DATE INSPECTED BY: c:\wpdocs\appeals\sbir\fmt f:\files\muni\slake\ordinanc\danger03 (08-11-94) 1 14f;4 7!`?1 a D195083754 CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX 76092 —W A R N I N G—THIS IS PART OF THE OFFICIAL RECORD--D 0 N 0 T D E S T R O Y I NDEXE D -- TARRANT COUNTY TEXAS S U Z A N N E H E N D E R S 0 N -- COUNTY CLERK O F F I C I A L R E C E I P T T 0: CITY OF SOUTHLAKE RECEIPT NO REGISTER RECD—BY PRINTED DATE TIME 195186549 DR93 T006603 05/19/95 10:31 FI T 0 A." INSTRUMENT FEECD D195083754 WD KTS: 01 INDEXED TIME 950519 10:31 CG F E E S: 21.00 ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. 11969 2132 City of Southlake, Texas OF THE SOUTHLAKE BUILDING BOARD OF APPEALS CASE NO. 008 TO: W. B . Downing DATE: May 22, 1995 WHEREAS, a public hearing was held on May 22, 1995 before the Southlake Building Board of Appeals ("Board") regarding structures present on Tract 21, Abstract 992D out of the R.D. Price Survey located in the 4000 Blk of T. W. King, Southlake, Tx. WHEREAS, the records of the office of the county clerk indicate that W. B. Downing is the record owner of the buildings; and WHEREAS, notice of the public hearing was mailed to the property owner more than ten (10) days prior to the date of the hearing; and WHEREAS, the Board finds that the defects or conditions set forth on the Substandard Building Inspection Report, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the buildings; and WHEREAS, the Board further finds that the buildings are infeasible of repair. NOW, THEREFORE, THE BUILDING BOARD OF APPEALS HEREBY ORDERS THAT all structures located on 4.0 acres, Tract 21, Abstract 992D out of the R.D. Price Survey, in Southlake, Texas be demolished and the debris removed form the property within thirty (30) days of the date of this order. The owner may demolish or remove the structure at his option. If the ordered action is not taken within the allotted time, the city will remove or demolish the structures and charge the cost to the property. If the city is not promptly reimbursed for its expenses, the city will place a lien on the property f4,the amo pt owned. Cpirman, Sokt lake Building Board of Appeals ATTEST: Secretary of the Building Board of Appeals '61WUN11108"I'A,,� H LAkF'''% FZlen the Office of the City Secretary on , 1995. J• Cn ity Secretary n THE STATE OF TEXAS COUNTY OF TARRANT EXECUTED THIS THE \� U ACKNOWLEDGEMENT DAY OF hM Sandra L. LeGrand City Secretary BEFORE ME, the undersigned authority, on this day personally appeared Sandra L. LeGrand, City Secretary, known to me to be the person whose name is subscribed to the foregoing instrument, NOTICE OF PUBLIC HEARING BEFORE THE BUILDING BOARD OF APPEALS OF THE CITY OF SOUTHLAKE, TEXAS, and acknowledged to me that she executed the same for the purposes and consideration therein expressed and in the capacity therein stated, and as the act and deed of said city. MY HAND AND SEAL OF OFFICE on this the 441— day of , A.D. 199,�C. (,, ' rve�� KIM L. BUSH * Notary Pi I STATE OF TEXAS oc My Comm. Exp. 05/27/98 RETURN DOCUMENTS TO: City of Southlake c/o Sandra L. LeGrand City Secretary 667 North Carroll Avenue Southlake, Texas 76092 /j in and for the My Commission Expires: i1& 0J75 SUBSTANDARD BUILDINGS INSPECTION REPORT CITY OF SOUTHLAKE, TEXAS 76092 667 NORTH CARROLL AVENUE (817) 481-5581 - FAX (817) 488-5097 PROPERTY ADDRESS 4000 T _ W _ KING ABOST q_q2n TRACT 77 out: of R _ D _ PRICE SURVEY L - B - SUB DIVISION PROPERTY OCCUPANT N/A ORDINANCE NO. 615 CASE NO. W_ DATED ()5 /1 oJ95 AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDINGTHAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABMITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION IV. SUBSTANDARD BUILDINGS DECLARED For the purposes of this Ordinance, any building, regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described shall be deemed to be a substandard building:. (1) Any building that is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare. (2) Any building that, regardless of its structural condition, is unoccupied by its owners, lessees or other invitees and is unsecured from unauthorized entry to the extent that 1 i i Cc-8 0O% it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children. (3) Any building that is boarded up, fenced or otherwise secured in any manner if: (a) The building constitutes a danger to the public even though secured from entry; or (b) The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by Section IV(2) above. (4) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. Y (5) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. (6) Whenever the stress in any materials, or members or portion thereof, due to all dead and live loads, is more than one and one half times the Working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. (7) Whenever any portion thereof has been damaged by fire, earthquake, wind flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. -X_ - (8) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. (9) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. (10) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. (11) Whenever the building, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of 0a any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse. (12) Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. (13) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. (14) Whenever the building, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 or more percent damage or deterioration of its non -supporting members, enclosing or outside walls or coverings. X (15) Whenever the building has been so damaged by fire,, wind, earthquake, flood or other causes, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; or, (b) a harbor for vagrants, criminals or immoral persons.. (16) Whenever any building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building provided by the building regulations of this jurisdiction, as specified in the Building Code, or of any law or, ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. (17) Whenever any building which, whether or not erected in accordance with all applicable laws and ordinances, has in any non -supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength, (b) fire -resisting qualities or characteristics, or (c) weather -resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. (18) Whenever a -building, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease for reasons including, but not limited to, the following: .X, (a) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. (b) Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. 3 ii0il-1R 0678 X (c) Lack of, or improper kitchen sink in a dwelling unit. (d) Lack of hot and cold running water to plumbing fixtures in a hotel. (e) Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. X_ (f) Lack of adequate heating facilities. (g) Lack of, or improper operation of, required ventilating equipment. (h) Lack of minimum amounts of natural light and ventilation required by this code. (i) Room and space dimensions less than required by this code the building code. (j) Lack of required electrical lighting. (k) Dampness of habitable rooms. (1) Infestation of insects, vermin or rodents. (m) General dilapidation or improper maintenance. (n) Lack of connection to required sewage disposal system. (o) Lack of adequate garbage and rubbish storage and removal facilities. (19) Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by -the fire marshal to be a fire hazard. (20) Whenever any building is in such a condition as to make a public nuisance known to the common law or in equity jurisprudence. (21) Whenever any portion of a building remains on a site after the demolition or destruction• of the building. X (22) Whenever any building is abandoned so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (23) Any building constructed and is still existing in violation of any provision of the Building Code or Uniform Fire Code of the City of Southlake. 4 c:\wpdocs\appeals\sbir\fmt f:\files\muni\sl2kc\ordinanc\dangerO3 (08-11-94) I D195094429 CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX 76092 -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 N 0 T D E S T R O Y I NDEXE D -- TARRANT COUNTY TEXAS S U Z A N N E H E N D E R S 0 N -- COUNTY CLERK O F F I C I A L R E C E I P T T 0: CITY OF SOUTHLAKE RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 195201031 DR91 T006603 06/07/95 11:10 INSTRUMENT FEECD 1 D195094429 WD INDEXED TIME 950607 11:10 CG T 0 T A L: DOCUMENTS: 01 F E E S: 21.00 1 B Y: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. INSPECTION OF PROPERTY Property description: BBA Case #: Date of BBA Order: �J " a Description of work completed by owner: Conditions or defects listed in BBA abatement order corrected: Yes I No If no, what work is still required?: Enforcement action required by city: 'vS Building Official 9- -:7--TS Date of Inspection f:\files\muni\slake\inspect.ftm Page 1 of 1 FORM 6: INSPECTION OF PROPERTY Property description: INSPECTION OF PROPERTY o I.Q. k; BBA Case #: OO Date of BBA Order: cj - 2 2 — 9 S Description of work completed by owner: 1) o WE Conditions or defects listed in BBA abatement order corrected: Yes No If no, what work is still required?: Enforcement action required by ci !� r oc g— 4 (h a Q rY.01 f:\files\muni\slake\inspcct.fim (1 Building Official co -a61-1�5 Date of Inspection Page 1 of 1 FORM 6: INSPECTION OF PROPERTY arty of ouutnla►ce, i exas May 19, 1995 TO: Building Board of Appeals FROM: Glenda Jaynes, Code Enforcement Officer SUBJECT: CASE NO. 008 - Consideration of Dangerous and Substandard Building(s) PROPERTY DESCRIPTION: Tract 21, Abstract 992D out of the R.D. Price Survey LOCATION: On the West side of T.W. King Rd. in the 4000 Block. OWNER: _ W.B. Downing LIENHOLDER: N/A FINDINGS: Structure(s) present: (3-4) (house, shed'(, stogy cellar Structure(s) condition; deteriated and dilapidated see attached INSPECTION REPORT DATED 05/10/95 see Photograph's presented at the meeting. STATUS: Abandoned/Unoccupied �.QS R2,"A o-�c9 �Q Unsecured K�, vw COMMENTS: Notice was mailed to the property owner ten days prior to the public hearing. To date there has been no response. gj eta �a��laa�,�,,,� ' yam. • �;�,',M `�`� � � attachments: Location Map Notice mailed to Property Owner Inspection Report dated 05/10/95 c:\wpwin6O\wpdocs\projects\building\board\mtg5-22.008 3 11 11 10 1 6 15 16 17 18 19 `% J— 33-- 3 22 21 20 32 29�/ r —� — 4-7 2425262728 13 Al ro) o SURVEY A- Q1' ZE 12 1 10 \ 7 6 5 4 4A 3 2 1 ca I 22 eoa JOKES 1 SURVEY -99 11 10 48 806 JONES ROAD 1 \ 1 9 10 11 12 13 14 15 16 - 11 21 tg i8 r 20 -I- -I- 2 1 2 _�= 1 1 lA 1 -I- -1- I 1 _1= -1- -1- $WAN -528 ®�oa LOCATION MAP - - �_ SURVEY A- J588fJ CASE NO. 008 I111111111111111_ 3 3 ili iiliiliii J " m J / /� I W 111 11i IL IL < 1111 II II / USA I c 2 / ' 4 I z IIIII111 # II III II IT City of Southlake, Texas NOTICE OF PUBLIC HEARING TO BE HELD BEFORE THE BUILDING BOARD OF APPEALS ON MONDAY, MAY 22ND , 1995 AT 7:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT SOUTHLAKE CITY HALL, 667 NORTH CARROLL AVENUE, SOUTHLAKE, TEXAS 76092. Name and Address of Record Owner: WN-1011MCP According to the records of Tarrant County Appraisal District, you are the owner of property described as: TRACT 21, ABSTRACT 992D OUT OF R. D. PRICE SURVEY. LOCATED IN THE 4000 BLK OF T.W. KING RD. Please be advised that on 05/10/95 the Building Official of the City of Southlake has found and determined that a building located on the above described property is substandard and proceedings shall commence to cause the repair, vacation, relocation of occupants, removal, demolition or securing of the building. Attached please find a copy of the Substandard Building Inspection Report dated 05/10/95 , describing the conditions found to render the building substandard or dangerous under the provisions of the Uniform Building Code set forth in Ordinance No. 615, Section IV. A Public Hearing will be held before the Building Board of Appeals to determine whether the building/structure located at the above described property complies with the standards set out in Ordinance No. 615, Section IV. According to Ordinance No. 615, Section VI, (d) the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the Ordinance, and the time it will take to reasonably perform the work. If the building is found to be in violation of this Ordinance, the Board may order that the building be repaired, vacated, removed or demolished, secured, or the occupants relocated, by the owner, mortgagee or lienholder within thirty days (30 days). If the Order given to the owner, mortgagee, or lienholder is not complied within the allowed time, the Board may order the City to vacate, secure, remove or demolish the building or relocate the occupants of the building. The expenses incurred by the City shall be a personal obligation of the property owner in addition to a priority lien being placed upon the property to secure payment. If you should have any questions regarding this notice, or you are not the owner, mortgagee, or lienholder please call the office of the Building Official or the Code Enforcement Officer at 817/481-5581. attachment: Substandard Buildings Inspection Report Case No. 008 Dated 05/10/95 SUBSTANDARD BUILDINGS INSPECTION REPORT CITY OF SOUTHLAKE, TEXAS 76092 667 NORTH CARROLL AVENUE (817) 481-5581 - FAX (817) 488-5097 PROPERTY ADDRESS 4(M T _ W _ KING ABOST �R2T) TRACT 21 ou L of R _ n _ PRTrF: SURVEY L - B - SUB DIVISION PROPERTY PROPERTY OCCUPANT ORDINANCE NO. 615 CASE NO. 002_ DATED 05/10 95 AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING'THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION IV. SUBSTANDARD BUILDINGS DECLARED For the purposes of this Ordinance, any building, regardless of the date of its construction, which has any or alf of the conditions or defects hereinafter described shall be deemed to be a substandard building:. (1) Any building that is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare. (2) Any building that, regardless of its structural condition, is unoccupied by its owners, lessees or other invitees and is unsecured from unauthorized entry to the extent that 1 it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children. (3) Any building that is boarded up, fenced or otherwise secured in any manner if: (a) The building constitutes a danger to the public even though secured from entry; or (b) The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by Section IV(2) above. (4) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. (5) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. (6) Whenever the stress in any materials, or members or portion thereof, due to all dead and live loads, is more than one and one half times the Working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. (7) Whenever any portion thereof has been damaged by fire, earthquake, wind flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. -X_ (8) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. (9) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. (10) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. (11) Whenever the building, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of 2 any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse. X (12) Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. (13) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. (14) Whenever the building, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 or more percent damage or deterioration of its non -supporting members, enclosing or outside walls or coverings. X_ (15) Whenever the building has been so damaged by fire, wind, earthquake, flood or other causes, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; or, (b) a harbor for vagrants, criminals or immoral persons. (16) Whenever any building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building provided by the building regulations of this jurisdiction, as specified in the Building Code, or of any law or, ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. (17) Whenever any building which, whether or not erected in accordance with all applicable laws and ordinances, has in any non -supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength, (b) fire -resisting qualities or characteristics, or (c) weather -resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. (18) Whenever a building, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease for reasons including, but not limited to, the following: X_ (a) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. (b) Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. 9 (c) Lack of, or improper kitchen sink in a dwelling unit. (d) Lack of hot and cold running water to plumbing fixtures in a hotel. (e) Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. >L- (f) Lack of adequate heating facilities. (g) Lack of, or improper operation of, required ventilating equipment. (h) Lack of minimum amounts of natural light and ventilation required by this code. (i) Room and space dimensions less than required by this code the building code. ,Z 0) Lack of required electrical lighting. (k) Dampness of habitable rooms. (1) Infestation of insects, vermin or rodents. X (m) General dilapidation or improper maintenance. (n) Lack of connection to required sewage disposal system. (o) Lack of adequate garbage and rubbish storage and removal facilities. (19) Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. (20) Whenever any building is in such a condition as to make a public nuisance known to the common law or in equity jurisprudence. (21) Whenever any portion of a building remains on a site after the demolition or destruction• of the building. (22) Whenever any building is abandoned so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (23) Any building constructed and is still existing in violation of any provision of the Building Code or Uniform Fire Code of the City of Southlake. 4 IN'SPECTED BY P�. :'WA, t BILL.. . c:\wpdocs\appeals\sbir\fmt nATJ f:\files\muni\slakc\ordinanc\dangcr03 (08-11-94) l/RY V1 VVUU 110MV, IcnaJ OF THE SOUTHLAKE BUILDING BOARD OF APPEALS CASE NO. 008 TO: W. B. Downing DATE: May 22, 1995 WHEREAS, a public hearing was held on May 22, 1995 before the Southlake Building Board of Appeals ("Board") regarding structures present on Tract 21, Abstract 992D out of the R.D. Price Survey located in the 4000 Blk of T. W. King, Southlake, Tx. WHEREAS, the records of the office of the county clerk indicate that W. B. Downing is the record owner of the buildings; and WHEREAS, notice of the public hearing was mailed to the property owner more than ten (10) days prior to the date of the hearing; and WHEREAS, the Board finds that the defects or conditions set forth on the Substandard Building Inspection Report, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the buildings; and WHEREAS, the Board further finds that the buildings are infeasible of repair. NOW, THEREFORE, THE BUILDING BOARD OF APPEALS HEREBY ORDERS THAT all structures located on 4.0 acres, Tract 21, Abstract 992D out of the R.D. Price Survey, in Southlake, Texas be demolished and the debris removed form the property within thirty (30) days of the date of this order. The owner may demolish or remove the structure at his option. If the ordered action is not taken within the allotted time, the city will remove or demolish the structures and charge the cost to the property. If the city is not promptly reimbursed for its expenses, the city will place a lien on the property f4,the amokowned. ATTEST: 66&; tllgi*mXAJ Secretary of the Building Board of Appeals Filed in the Office of the City Secretary on City Secretary Iairrnan,�ake Building Board of Appeals 1995. (seal) SUBSTANDARD BUILDINGS INSPECTION REPORT CITY OF SOUTHLAKE, TEXAS 76092 667 NORTH CARROLL AVENUE (817) 481-5581 - FAX (817) 488-5097 PROPERTY ADDRESS 4000 T _ W _ KING ABOST jg2T) TRACT 21 out of R _ n _ PRTm SURVEY L - B - SUB DIVISION PROPERTYOWNER TnJ► ► .. .. 2 En . 29 A :n a uDKY. PROPERTY OCCUPANT ORDINANCE NO. 615 CASE NO. _ggg _ DATED 05 /1() 95 AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION IV. SUBSTANDARD BUILDINGS DECLARED For the purposes of this Ordinance, any building, regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described shall be deemed to be a substandard building:. (1) Any building that is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare. (2) Any building that, regardless of its structural condition, is unoccupied by its owners, lessees or other invitees and is unsecured from unauthorized entry to the extent that I it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children. (3) Any building that is boarded up, fenced or otherwise secured in any manner if. (a) The building constitutes a danger to the public even though secured from entry; or (b) The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by Section IV(2) above. (4) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. (5) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. (6) Whenever the stress in any materials, or members or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. (7) Whenever any portion thereof has been damaged by fire, earthquake, wind . flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. -X-- - (8) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. (9) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. - .(10) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. (11) Whenever the building, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse. (X (12) Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. (13) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. (14) Whenever the building, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 or more percent damage or deterioration of its non -supporting members, enclosing or outside walls or coverings. ,_ (15) Whenever the building has been so damaged by fire, wind, earthquake, flood or other causes, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; or, (b) a harbor for vagrants, criminals or immoral persons. (16) Whenever any building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building provided .by the building regulations of this jurisdiction, as specified in the Building Code, or of any law or, ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. (17) Whenever any building which, whether or not erected in accordance with all applicable laws and ordinances, has in any non -supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength, (b) fire -resisting qualities or characteristics, or (c) weather -resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. (18) Whenever a -building, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease for reasons including, but not limited to, the following: (a) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. (b) Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. C I X (c) Lack of, or improper kitchen sink in a dwelling unit. (d) Lack of hot and cold running water to plumbing fixtures in a hotel. _A- (e) Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. >L- (f) Lack of adequate heating facilities. (g) Lack of, or improper operation of, required ventilating equipment. (h) Lack of minimum amounts of natural light and ventilation required by this code. (i) Room and space dimensions less than required by this code the building code. (j) Lack of required electrical lighting. (k) Dampness of habitable rooms. (1) Infestation of insects, vermin or rodents. (m) General dilapidation or improper maintenance. (n) Lack of connection to required sewage disposal system. (o) Lack of adequate garbage and rubbish storage and removal facilities. ✓ (19) Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by -the fire marshal to be a fire hazard. (20) Whenever any building is in such a condition as to make a public nuisance known to the common law or in equity jurisprudence. (21) Whenever any portion of a building remains on a site after the demolition or destruction, of the building. X (22) Whenever any building is abandoned so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (23) Any building constructed and is still existing in violation of any provision of the Building Code or Uniform Fire Code of the City of Southlake. 4 _ DATE c:\wpdocs\appeals\sbir\fmt f:\files\muni\s(ake\ordinanc\dangerO3 (08-I1-94) Property description: INSPECTION OF PROPERTY o I. Q . k BBA Case #: 00 g Date of BBA Order: _ cj - 2. 2 — 9 Description of work completed by owner: Conditions or defects listed in BBA abatement order corrected: If no, what work is still required?: Enforcement action required by ci r 1 Building Official 6 ra4,,-C�5 Date of Inspection Yes No f.\files\muni\slake\inspect.fcm Page 1 of 1 FORM 6_ INSPECTION OF PROPERTY l City of Southiake, Texas 156M3110 U- February • ••• TO: Building Board of Appeals FROM: Glenda Jaynes, Code Enforcement Officer SUBJECT: CASE NO. 008 - Status r kT-o]9�W DESCRIPTION: Tract 21, Abstract 992D out of the R.D. Price Survey. LOCATION: On the West side of T.W. King Rd. in the 4000 Block. OWNER: Previous owner -W.B. Downing Current owner - City of Southlake FINDINGS: Structure(s) present: (3-4) (house, shed's storm cellar) ORDER DATE: May 22, 1995 ORDER TYPE: Demolish Buildings/Structures and Remove Debris within 30 days. OWNER COMPLIED: No CITY ACTION: City contracted work to Demolish Buildings/Structures and Remove Debris. LIEN FILED: No, City now owns property. STATUS: Buildings/Structures Removed and Lot is Clean. 9i attachments: Location Map 13 7A , = 21 r l 33 3 32 -- -- 4 - 2 - -- 3 _ i MORISON SUREY A— 131 8 n♦ �♦ 12 1 10 ♦' 7 6 5 4 4A 3 2 y r 1 1 1 --- n 1 01111 SURVEY -99 48 BOB JONES ROAD 9 1 101 111 121131 14 20 2 1 1 IA LOCATION MAP [EDUR SURVEY A-15880 CASE NO. 008 151 16 17 18 i II II 11111111111 3 3 iiilii iilii1sit J " m LIli IL I IIII IIII USA cr3 m 2 / 4 Iltlllll WCHAP 44 LW I uIry or boutnlake, Texas May 19, 1995 TO: Building Board of Appeals FROM: Glenda Jaynes, Code Enforcement Officer SUBJECT: CASE NO. 008 - Consideration of Dangerous and Substandard Building(s) PROPERTY DESCRIPTION: Tract 21, Abstract 992D out of the R.D. Price Survey LOCATION: On the West side of T.W. King Rd. in the 4000 Block. OWNER: W.B. Downing LIENHOLDER: N/A FINDINGS: Structure(s) present: (3-4) (house, shed's, storm cellar ) Structure(s) condition; deteriated and dilapidated see attached INSPECTION REPORT DATED 05/10/95 see Photograph's presented at the meeting. STATUS: COMMENTS: gi Abandoned/Unoccupied Unsecured Notice was mailed to the property owner ten days prior to the public hearing. To date there has been no response. attachments: Location Map Notice mailed to Property Owner Inspection Report dated 05/10/95 c:\wpwin60\wpdocs\projects\building\board\mtg5-22.008 USZB 1 Fzi t� 26 27 � V 7A1 , co, = 22 QL Q) IEKS D. SUR W Y 808 ./ONES ROAD 21 1 / 19 -- 331 34 — _ — — I , 1 I , 4 l 11 2 ---� — — — — — — — D00 0 7 ®mom 20 —I- -1— —1_ 1 1 2 1 2 1A t l —1— =1- -1- —I— SWAN —I— W�W E®Ua LOCATION MAPSURWY - - —1588 CASE NO. 008 I II 11 II111111111 3 ii It i ----7- 3 9 J II III II II " m I I I I I I -u I L ' w K USA c� IIII IIII 2 / ' 4z u II111111 3 �1111111r A i 1 1 1 t 1 1 1 1 1 1 1 1 1 1 1. City of Southlake, Texas NOTICE OF PUBLIC HEARING TO BE HELD BEFORE THE BUILDING BOARD OF APPEALS ON MONDAY, MAY 22ND , 1995 AT 7:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT SOUTHLAKE CITY HALL, 667 NORTH CARROLL AVENUE, SOUTHLAKE, TEXAS 76092. Name and Address of Record Owner: �M IRA i i 1 According to the records of Tarrant County Appraisal District, you are the owner of property described as: TRACT 21, ABSTRACT 992D OUT OF R. D. PRICE SURVEY. LOCATED IN THE 4000 BLK OF T.W. KING RD. Please be advised that on 05/10/95 the Building Official of the City of Southlake has found and determined that a building located on the above described property is substandard and proceedings shall commence to cause the repair, vacation, relocation of occupants, removal, demolition or securing of the building. Attached please find a copy of the Substandard Building Inspection Report dated 05/10/95 , describing the conditions found to render the building substandard or dangerous under the provisions of the Uniform Building Code set forth in Ordinance No. 615, Section IV. A Public Hearing will be held before the Building Board of Appeals to determine whether the building/structure located at the above described property complies with the standards set out in Ordinance No. 615, Section IV. According to Ordinance No. 615, Section VI, (d) the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the Ordinance, and the time it will take to reasonably perform the work. If the building is found to be in violation of this Ordinance, the Board may order that the building be repaired, vacated, removed or demolished, secured, or the occupants relocated, by the owner, mortgagee or lienholder within thirty days (30 days). If the Order given to the owner, mortgagee, or lienholder is not complied within the allowed time, the Board may order the City to vacate, secure, remove or demolish the building or relocate the occupants of the building. The expenses incurred by the City shall be a personal obligation of the property owner in addition to a priority lien being placed upon the property to secure payment. If you should have any questions regarding this notice, or you are not the owner, mortgagee, or lienholder please call the office of the Building Official or the Code Enforcement Officer at 817/481-5581. attachment: Substandard Buildings Inspection Report Case No. 008 Dated 05/10/95 SUBSTANDARD BUILDINGS INSPECTION REPORT CITY OF SOUTHLAKE, TEXAS 76092 667 NORTH CARROLL AVENUE (817) 481-5581 - FAX (817) 488-5097 PROPERTY ADDRESS 4000 T _ W _ KING ABOST qa2n TRACT _21 Out Of R_ n_ PRICE SURVEY L - B - SUB DIVISION PROPERTY nowNTNn :: 2 BOX 29 A, RO a uCEY. PROPERTY OCCUPANT ORDINANCE NO. 615 CASE NO. Ogg_ DATED c1S/1o/95 AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING'THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION IV. SUBSTANDARD BUILDINGS DECLARED For the purposes of this Ordinance, any building, regardless of the date of its construction, which has any or alf of the conditions or defects hereinafter described shall be deemed to be a substandard building:. (1) Any building that is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare. (2) Any building that, regardless of its structural condition, is unoccupied by its owners, lessees or other invitees and is unsecured from unauthorized entry to the extent that 1_ it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children. (3) Any building that is boarded up, fenced or otherwise secured in any manner if: (a) The building constitutes a danger to the public even though secured from entry; or (b) The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by Section IV(2) above. (4) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. (5) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. (6) Whenever the stress in any materials, or members or portion thereof, due to all dead and live loads, is more than one and one half times the Working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. (7) Whenever any portion thereof has been damaged by fire, earthquake, wind flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. _X__ - (8) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. (9) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. (10) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. (11) Whenever the building, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of 2 any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse. X (12) Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. (13) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. (14) Whenever the building, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 or more percent damage or deterioration of its non -supporting members, enclosing or outside walls or coverings. X_ (15) Whenever the building has been so damaged by fire, wind, earthquake, flood or other causes, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; or, (b) a harbor for vagrants, criminals or immoral persons. (16) Whenever any building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building provided by the building regulations of this jurisdiction, as specified in the Building Code, or of any law or, ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. (17) Whenever any building which, whether or not erected in accordance with all applicable laws and ordinances, has in any non -supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength, (b) fire -resisting qualities or characteristics, or (c) weather -resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. (18) Whenever a building; used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease for reasons including, but not limited to, the following: X_ (a) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. (b) Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. 3 (c) Lack of, or improper kitchen sink in a dwelling unit. (d) Lack of hot and cold running water to plumbing fixtures in a hotel. -k- (e) Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. >L- (f) Lack of adequate heating facilities. (g) Lack of, or improper operation of, required ventilating equipment. (h) Lack of minimum amounts of natural light and ventilation required by this code. (i) Room and space dimensions less than required by this code the building code. ,X 0) Lack of required electrical lighting. (k) Dampness of habitable rooms. (1) Infestation of insects, vermin or rodents. X (m) General dilapidation or improper maintenance. (n) Lack of connection to required sewage disposal system. (o) Lack of adequate garbage and rubbish storage and removal facilities. Y (19) Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. (20) Whenever any building is in such a condition as to make a public nuisance known to the common law or in equity jurisprudence. (21) Whenever any portion of a building remains on a site after the demolition or destruction of the building. (22) Whenever any building is abandoned so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (23) Any building constructed and is still existing in violation of any provision of the Building Code or Uniform Fire Code of the City of Southlake. 4 c:\wpdocs\appeals\sbir\fmt f:\files\muni\sl2ke\ordinanc\dangcr03 (08-11.94) Z 092 059 L77 Receipt for Certified Mail No Insurance Coveraae Provided MR. W. B. DOWNING RR 2, BOX 29 A ROANOKE, TX. 76262-9802 Postage Certified Fee Special Delivery Fee Restricted Delivery Fee (D Return Receipt Showing to Whom & Date Delivered t 2 Return Receipt Showing to Whom, Date, and Addressee's Address C TOTAL Postage & Fees � Postmark or Date C) E L I ,� fn 1 Jew c't i— / : .. _L ^_..L I_1__ T %-A y VI VVUt111 CIMU, IGAQJ MEMORANDUM May 19, 1995 TO: Building Board of Appeals FROM: Glenda Jaynes, Code Enforcement Officer SUBJECT: CASE NO. 008 - Consideration of Dangerous and Substandard Building(s) PROPERTY DESCRIPTION: Tract 21, Abstract 992D out of the R.D. Price Survey LOCATION: On the West side of T.W. King Rd. in the 4000 Block. OWNER: W.B. Downing LIENHOLDER: N/A FINDINGS: Structure(s) present: (3-4) (house, sheds, storm cellar ) Structure(s) condition; deteriated and dilapidated see attached INSPECTION REPORT DATED 05/10/95 see Photograph's presented at the meeting. STATUS: Abandoned/Unoccupied Unsecured COMMENTS: Notice was mailed to the property owner ten days prior to the public hearing. To date there has been no response. gl attachments: Location Map Notice mailed to Property Owner Inspection Report dated 05/10/95 c:\wpwin60\wpdocs\projects\building\board\mtg5-22.008 VIIY UI JUUU IICIRC, I VACZ, NOTICE OF PUBLIC HEARING TO BE HELD BEFORE THE BUILDING BOARD OF APPEALS ON MONDAY, MAY 22ND , 1995 AT 7:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT SOUTHLAKE CITY HALL, 667 NORTH CARROLL AVENUE, SOUTHLAKE, TEXAS 76092. Name and Address of Record Owner: MR. W. B. DOWNING RR 2, BOX 29 A ROANOKE, TEXAS 76262-9802 According to the records of Tarrant County Appraisal District, you are the owner of property described as: TRACT 21, ABSTRACT 992D OUT OF R. D. PRICE SURVEY. LOCATED IN THE 4000 BLK OF T.W. KING RD. Please be advised that on 05/10/95 the Building Official of the City of Southlake has found and determined that a building located on the above described property is substandard and proceedings shall commence to cause the repair, vacation, relocation of occupants, removal, demolition or securing of the building. Attached please find a copy of the Substandard Building Inspection Report dated 05/10/95 , describing the conditions found to render the building substandard or dangerous under the provisions of the Uniform Building Code set forth in Ordinance No. 615, Section IV. A Public Hearing will be held before the Building Board of Appeals to determine whether the building/structure located at the above described property complies with the standards set out in Ordinance No. 615, Section IV. According to Ordinance No. 615, Section VI, (d) the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the Ordinance, and the time it will take to reasonably perform the work. If the building is found to be in violation of this Ordinance, the Board may order that the building be repaired, vacated, removed or demolished, secured, or the occupants relocated, by the owner, mortgagee or lienholder within thirty days (30 days). If the Order given to the owner, mortgagee, or lienholder is not complied within the allowed time, the Board may order the City to vacate, secure, remove or demolish the building or relocate the occupants of the building. The expenses incurred by the City shall be a personal obligation of the property owner in addition to a priority lien being placed upon the property to secure payment. If you should have any questions regarding this notice, or you are not the owner, mortgagee, or lienholder please call the office of the Building Official or the Code Enforcement Officer at 817/481-5581. attachment: Substandard Buildings Inspection Report Case No. 008 Dated 05/10/95 Ban Kates Edmand, Oklah=e 73034 405478.0833 Mid- rest Wrecking Co. P.O_ BOX 161819 FT- WORTH, TY- 76161 00M MERMAL a 11s11111"L 00AoLlTlbli LAIC CLEAR= i EXCAVAT1aN PHONE: 817-589`7062 FAX: 817-483-8154 ,liminy Anderson DAB July 17,1995 TO: City of Southlake Attn: Glenda Jaynes PHONE. 481-5581 Eat. FIM60^ 667 North Carroll Avenue Southlake, Texas 76092 JOB LOCATION: 4000T.W. King We propose and agree to furnish all labor, material, equipment, and insurance necessary to complete subject stork, in accordance with the following: For the demolition and removal and clean up of lot for all existing structures located at 4000 T.W. King_ The area will be rough graded to prevent ponding of water and left in a clean presentable appearance. FOR THE SUM OF $ 6 , 600.0 0 COMP'L.EMON DATE: ALTERNATES: MId-West Wrecking Company is not responsible for any asbestos or hazardous material removal. This proposal in Ernited to thirty days Yceeptarwe front data hereaL The Company shaU not be responsible for damage or delay due to strikes, fires, accidents or other causes beyond its reasonable conbvl, The Company carries Workmen's Compensation and Public Liability Insuranm. but does not easume risky of any other Character under this contracL After ameptaaae by the Owner in the space below, this cosiest: shall be binding either upon approval below- by an officer of the Company or upon commencement of the work by the Company and shall then constitute the entire agreement between the Company and the Owner. No oral tarras CW repreaantations shall be considered a part of this agreement. Accepted _ By Date lo� re'd T '-:trT s66T--T--Inf n CITY Oil SO THI.AKF. 61-337 N. CARROLL AVENUE SOUTHLAKE, ':'ERAS 76092 *- P E R M I _ ** 'PERM! N T TY1BIER P95-OO16102 7'YP'l DEMOLITION APP' E"A'PI:ON DATE 08/25/1.99 APPROVAL DATE 08/25/1995 PERMT':'; ISSUE DATE: 08/25/1.995 EXPIRATION DATE 09/25/1995 THIS _TS (:F.RTIP' ' T'rIA`r: MID-WES'1' WR.E,-*liI\G HAS PERMISSION TO BUILD/INS TALL: DEMOLITION I'() )MID -WEST WRI.CKING CO 0 BOX 161819 FORT WORTH. 76183 LOCATED' ON THE FOLLOWING DESCRIBED S_T'1'E: TY II? NLtii�3ER: A 992D 2� PROPER STR.rE....' Ar..'is'Q-.SS. TO T A:. --COS'; 000TW GR.D G Sty. n SIGNED I)ATF S'` . "::i) �.�r- l �91 ---------------------------------------------------- ----------------------------- RUUTI G: DEPARTMENT SIGN BY DATE OUT DEP aRTMEN'T SIGN BY DATE UtIT -------------------------------------------------------------------------------- Y. r: TOTAL FEE: $0.00 A MO I., N: T AMO1;N , ■m Kates �✓ � � JMWII APWWWMO E A Mid- West Wrecking Co. PAL ta7X M Mt rr. VMfl K TX 74", pwlQlf�sitT�.70dZ July 17,1995 TO, City of Southlake Attn: Glenda Jaynes 481-5581 Ext. AD SS. 667 North Carroll ATenue Southlake. Texas 76092 j�= tOMTIM.- 400ILT.W. Ling For tht demolition and removal and cleon up of lot for all existing structures located at 4000 T.W. Ling. The area will be rough graded to prevent ponding of water and left in a clean presentable appearance. Cost DATik ALTMATS& MId-West Wrecking Company is not responsible for any asbestos or hazardous material removal. fhb prod is lin"Od to eddy &We tram dale I "# a7 rbaII ad t o ie tb eMP es 42hr fte to wail=. SR. sOCWW=ta m marls eMMS be~ a& rslasaabbk aoab+ot. Tht Cbava+o► aaaiaa WINSID ab COMMOsafian and Pablk * baMweacy hat d,, im t w,,, flow of wW other cberadur ~rider film CONRAD& Aloe aooeptmw by *u Owaw!t to Men bslas, tW as - I attah bo "*Meg ~ "or apavltbob by sar off k rr re Ow W UP" *0 OW V" iW ds OMMOSAW apd SUR UAW toaatilnle its esltbe aora�oeat lretw�est the Cmw&*Y Sm4 tltit Qarwc So sat bwasa 4w tep>ns , sbat1 be wa4duvd • pat of *je S Aempted Date 19_ 'ywe 'YxCI"Pred4ddnt t—n,.1 T C--4,T -Cr T. iT. -n!` City of Sono►! ke, Texas THE STATE OF TEXAS iGNO"WN ALL >� M BY THESE PRE : COUNTY' OF TARIiANT THAT this agreement MWe sod p geed into titan &C 24 dly of August, 95 by and baweeu the City of Soudils]oe, s rrxmac4W Corpotadoa, mcft by and thrmgh its duly udmized Cky . csliad "City". aid Mid -West Wrecking .„ WrITIBS m- That said prudes ha" agreed a "km: i. Tlatt foe and hi c+oeeideradon of d a 1, q =M and agi =*M heck =Wmad to be made and pmfommd by dta Oly. the raid Oootrsctot bwaby►,-ggree v th the acid City to commem and compress the Pm.Ject deecrbod as hollows: Rawyal of Vacant, Comkmmd, Dll�ttod N0n`4gxk" bra and lkst&S sad Cog of Lot at 4 0 0 0 T . W . King 2. That the crock baasz 000tcs phwd shall comW of fnrnhd:� all tabor, eqwpment and materbb n0cro8ary for tttie c000stim of said project in sccordanoe with the plans and SPOcificarloft pr,Paxvd by the Code i3dmacro t DeparuDm of the City of SOathlskC, attached hcrcto. It h "pmady uttdeutood wd agreed by all paten ham ttxt Conmtctar is an contractor in its to ttte City of Soudtlake. Noth4 hercia oonmirtod at any timc os in W manna mall be construed to effia:t an _agmcmca of Parma oc joist venture or leader sap Para' bomm ft employer of z of any odwr Party sud/flr its omployma, srgmu or pm 3. The Cocemcoor bm+eby agree: and binds bintaatf to *=me= slid work Wuhan throe (3) days steer rtigt AMm execttt3ott of dais a nepxu with the City of Souddaka. 4. Tbit: Cossumw hereby Agroas to ;r+olec Utt said week with rmsom"o diligence after tha d=W sad to My compiela sad 6*6 the same ready for the amgtection and approval of the Bung Official or detagnstod reprM=tM of the City of .Soot 1WM within a period of there (3) working days from the time of commencing said wow Chat said Cam shall be entitled to an enmsjon Of said time for doing acid work for such time as he may nocasarily tone or be delayed by unavoidable accxkx t ranged by adormeen rnaaexs om which said Contractor has no oontrol, such as =Wmency in tax wattim, acts of wavideoce, Libor strip sad ddimy of mae n&k, is all of which caste tfta hoc or careleumn of the c0Qft*c6or mt contributing to mmh derby. s. SbottM dx Coatraclor &H to begin the work barein provided for within the time bacin fitted or to carry on and ooaapietc the same scoording to the true mcadoE of the hm= and team of :aid Rmdficadmm, that the City AMU bavc the rlgbt to take char of and compete the work in such Mann= as it may dc= proper. and antes the work paforracd and adjust Proposal Price accordingly. pg. L 6. The C009MW SPVS to fully bAeawify, am and bold haml the Cily from an costs of damages arbirS OW of ZW real Of twe'Wd cWm Of cause Of action Against it to whaboever kind of character, and in sdftlon bm Any And 41 COM Of damaps arisivt out of aro, wmW, injuries, demands or suits for damga, OWW vW or amerced, claimed apim it the may be OCcaswwd by any ma, omission, n091cct or milimsh of the said Contractor, bb Agem, 3crvaW and/or euploy=. regardku whether, such iqjurks, Or dumit" am CRUnd ta whole or in put by the neg4c= of the City- Mte Contractor further ogrea to carry coapvhensive genaW Habfflty kwuawe baying fimfts no le" than $100,000 per ach itaaittmst And $30pA0 ftgrapft; or oombiwd lbnits. 7. The Coafteclor flamer apm 10 G=* WA all aft=M StOwn and repbdow of City, qwe and Untied Swin Govamomm Vqlk" to the 00&kits vovavd by this coaftact. 8. CQUUXCCW MXM dW the PKft=AWD of this cutdrug, in whole or is part, shall not be subkt or 81019DW 10 AM= the by said COOftcW wWww the conwa of the &044W Officlal or de0smftd LCP1 F$enW" C of the Qty of SQUUdakL 9. Said CkY#$MlCPqfuWthe price shown (mftpmpoWsW=JwdbyMid-West Wrecking attached and wa& a part bmat q= a=1 compWm of qmcifW project u*7w to ft &W wspmtkm and IPPrOV11 ftm dV BWWft 0MCW or his deg*wmd rePrCz9KtWe Of ft CUY Of Souddak- and also V.Ibj*d to peragrVh mamba it F-ir S. SWAcrAnd and x ID=d*----2-4 dXY 0(- -A U g.0 S t 19_9 5__., to =tify which wimm my haid and " of ofte. my CQWA*dm I AI 0 VA H I "Swi pg. 2 IL:E] MARY L. GAMBLE MY COMMISSION EXPIRES June 21, 1999 kAty or zioutmaxe, t exas SPECIFICATION AGREEMD4 FOR DENXOLMON CONTRACTORS 1. Make application for Demolition Permit prior to starting work. 2. Submit proof of comprehensive general liability insurance having limits no less than $100,000 per incident. and $300,000 aggregate or combined limits. 3. All contractor operations shall be pmftned in stub manner as to comply with all ordinances, statutes and regulations of the City of Southiake and State of Texas. • li• ..r • ��, • Iw • t• • M: i 1 • 1 .., :11 • •:mot:.gist it W. 1 t - J • 1.1 Y..M 1•.:� City of Soutblalee 8171481-5581 Lone Star Gras Co. 8171923-Ml TU ENctric 817/858-2564 General Telephone Co. 2141318-8850 Herron Cable 817/430.OW 5. Contractor shall adhere to Tree Ordinance No. 585. All Trees that are 8" or larger in diameter are pmtxW by Ordinance No. 585. Violation of this ordinance may result in fines of $S00.00 per tree. 6. Contractor shall remove all structures present on lot unless otherwise specified and clear all rubbish. Contractor shall leave lot clean and mowable when work is complete. 7. Contractor shall fill, cover, and grade any surface holes or irregularities, wills, baserntarts, cellars remammg after demolition of any building or structure in such manner that will provide effective surface drainage. 8. Contractor shall pay at least the mininaim wage per hour for all labor as is established by the City. 9. Contractor shall be responsible to notify Building Official (ext 755) or Code Fidorment Officer (ext.781) at 481 5581 when demolition work and cleaning of lot is completed for a final inspection. Issu =0 of Payment in full of completion of work subject to final inspection and approval from the Building Official. MID -WEST WRECKING COMPANY Dem 'on Conractor Signed SO'd _luiol Aso 2.Swbmk prod of �,,r�cmodhe wm =mme hwft hoft an Lw em SN1iEt m par odSWAM, 3. �t coaoetr�ec 60 p�aar�oso�d is s m ar as V& di A"= and avdl*m at tea f Mgr at &m"bm =d Shft arTmw . Cackacwr =qxwmft w Re ' am And *ftombff do =ftvumd chy ate Ut Lam arem om. 81719234M TU ,st +Doaardf Tdg6m O. 214PJ04= Haw=Cdde sr714M)4" . C40r**r sw a &= #0 T9ft 0mfw=9 Sm Ss. A8 Tma ft we a- or laW & Nor; al lcim byowkmmmbsu. tea# mky r=* jm fmasd'$9wAopaacts-. kF. C006020i swA Svc A 4mxoM pmssat w lot nms *&Wwbe and dw s8 AIR lone lat d mud 4sposhk wton is amphft 7. CyrWw. aad Scodc mW =d= bdu- cr knSubdoM w -aft aft smrd ' oc ot igao maax L G m mckv sbmn pW -stbW ft=WWM wsppwbm hr 4o ar ss fit wabWk4 bg %t city� S. hoc "Im =V""k 00DWWft+O&cW (at w0oft t C1llicer ?w at4t € dwwwo, rsadrsmaf �dOr a bqmcdm trw m of pom= is wat inqNction wo.qppwnd eft Banding emchL MID -WEST WRECKING COMPANY ' r S0'd T 22:VT S66T-LT--ln STATEMENT Mid- West Wrecking Co. P.O. BOX 161819 FORT WORTH. TX 76161 PHONE: 817-589-7062 FAX 817-483-8154 September 8,1995 City of Southlake 667 North Carroll Avenue Southlake, tx 76092 JOB DESCRIPTION HOURS RATE COST Job Number: 95/017 Job Location: 4000 T.W. King Job Discription: Demolition For the demolition of structure and clean up of debris. $6,600.00 All accounts due and payable upon receipt of statement. 1'/s % Service Charge per month will be added to all accounts 30 days past due. City of Southlake, Texas ORDER a� OF THE SOUTHLAKE BUILDING BOARD OF APPEALS CASE NO. 008 TO: W. B. Downing DATE: May 22, 1995 WHEREAS, a public hearing was held on May 22, 1995 before the Southlake Building Board of Appeals ("Board") regarding structures present on Tract 21, Abstract 992D out of the R.D. Price Survey located in the 4000 Blk of T. W. King, Southlake, Tx. WHEREAS, the records of the office of the county clerk indicate that W. B. Downing is the record owner of the buildings; and WHEREAS, notice of the public hearing was mailed to the property owner more than ten (10) days prior to the date of the hearing; and WHEREAS, the Board finds that the defects or conditions set forth on the Substandard Building Inspection Report, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the buildings; and WHEREAS, the Board further finds that the buildings are infeasible of repair. NOW, THEREFORE, THE BUILDING BOARD OF APPEALS HEREBY ORDERS THAT all structures located on 4.0 acres, Tract 21, Abstract 992D out of the R.D. Price Survey, in Southlake, Texas be demolished and the debris removed form the property within thirty (30) days of the date of this order. The owner may demolish or remove the structure at his option. If the ordered action is not taken within the allotted time, the city will remove or demolish the structures and charge the cost to the property. If the city is not promptly reimbursed for its expenses, the city will place a lien on the property f4,the amoowned. Z- , F-tilt4 C airman, ake Building Board of Appeals ATTEST: Secretary of the Building Board of Appeals Filed in the Office of the City Secretary on , 1995. (seal) City Secretary SUBSTANDARD BUILDINGS INSPECTION REPORT CITY OF SOUTHLAKE, TEXAS 76092 667 NORTH CARROLL AVENUE (817) 481-5581 - FAX (817) 488-5097 PROPERTY ADDRESS _ 4000 T _ W _ KING ABOSTg2n TRACT 21 out of R _ T) _ PRTC , SURVEY L - B - SUB DIVISION PROPERTY • T.),i► ► :: 2 :f). • e :,fie►0K1► PROPERTY OCCUPANT ORDINANCE NO. 615 CASE NO. 002 DATED 05/10J95 AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDINGTHAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION IV. SUBSTANDARD BUILDINGS DECLARED For the purposes of this Ordinance, any building, regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described shall be deemed to be a substandard building:. (1) Any building that is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare. (2) Any building that, regardless of its structural condition, is unoccupied by its owners, lessees or other invitees and is unsecured from unauthorized entry to the extent that 1 it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children. (3) Any building that is boarded up, fenced or otherwise secured in any manner if: (a) The building constitutes a danger to the public even though secured from entry; or (b) The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by Section IV(2) above. (4) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. (5) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe - as to not provide safe and adequate means of exit in case of fire or panic. (6) Whenever the stress in any materials, or members or portion thereof, due to all dead and live loads, is more than one and one half times the Working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. (7) Whenever any portion thereof has been damaged by fire, earthquake, wind . flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. _X_ - (8) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. (9) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. (10) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. .� (11) Whenever the building, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of 2 any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse. X (12) Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. (13) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. (14) Whenever the building, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 or more percent damage or deterioration of its non -supporting members, enclosing or outside walls or coverings. ,_ (15) Whenever the building has been so damaged by fire,, wind, earthquake, flood or other causes, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; or, (b) a harbor for vagrants, criminals or immoral persons.. (16) Whenever any building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building provided .by the building regulations of this jurisdiction, as specified in the Building Code, or of any law or, ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. (17) Whenever any building which, whether or not erected in accordance with all applicable laws and ordinances, has in any non -supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength, (b) fire -resisting qualities or characteristics, or (c) weather -resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. (18) Whenever a -building-, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease for reasons including, but not limited to, the following: .X-- (aj Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. (b) Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. 3 (c) Lack of, or improper kitchen sink in a dwelling unit. (d) Lack of hot and cold running water to plumbing fixtures in a hotel. (e) Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. .)�' - (f) Lack of adequate heating facilities. (g) Lack of, or improper operation of, required ventilating equipment. (h) Lack of minimum amounts of natural light and ventilation required by this code. (i) Room and space dimensions less than required by this code the building code. ,k_ 0) Lack of required electrical lighting. (k) Dampness of habitable rooms. (1) Infestation of insects, vermin or rodents. X (m) General dilapidation or improper maintenance. (n) Luck of connection to required sewage disposal system. (o) Lack of adequate garbage and rubbish storage and removal facilities. (19) Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. (20) Whenever any building is in such a condition as to make a public nuisance known to the common law or in equity jurisprudence. (21) Whenever any portion of a building remains on a site after the demolition or destruction, of the building. X (22) Whenever any building is abandoned so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (23) Any building constructed and is still existing in violation of any provision of the Building Code or Uniform Fire Code of the City of Southlake. 4 c:\wpdocs\appeals\sbir\fmt f:\files\muni\slakc\ordinanc\dangcr03 (08-11-94) %. f. Y V1 V utl I - , 1 OF THE SOUTHLAKE BUILDING BOARD OF APPEALS CASE NO. 008 TO: W. B. Downing DATE: May 22, 1995 WHEREAS, a public hearing was held on May 22, 1995 before the Southlake Building Board of Appeals ("Board") regarding structures present on Tract 21, Abstract 992D out of the R.D. Price Survey located in the 4000 Blk of T. W. King, Southlake, Tx. WHEREAS, the records of the office of the county clerk indicate that W. B. Downing is the record owner of the buildings; and WHEREAS, notice of the public hearing was mailed to the property owner more than ten (10) days prior to the date of the hearing; and WHEREAS, the Board finds that the defects or conditions set forth on the Substandard Building Inspection Report, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the buildings; and WHEREAS, the Board further finds that the buildings are infeasible of repair. NOW, THEREFORE, THE BUILDING BOARD OF APPEALS HEREBY ORDERS THAT all structures located on 4.0 acres, Tract 21, Abstract 992D out of the R.D. Price Survey, in Southlake, Texas be demolished and the debris removed form the property within thirty (30) days of the date of this order. The owner may demolish or remove the structure at his option. If the ordered action is not taken within the allotted time, the city will remove or demolish the structures and charge the cost to the property. If the city is not promptly reimbursed for its expenses, the city will place a lien on the property for the amount owned. Chairman, Southlake Building Board of Appeals ATTEST: Secretary of the Building Board of Appeals Filed in the Office of the City Secretary on , 1995. (seal) City Secretary SUBSTANDARD BUILDINGS INSPECTION REPORT CITY OF SOUTHLAKE, TEXAS 76092 667 NORTH CARROLL AVENUE (817) 481-5581 - FAX (817) 488-5097 PROPERTY ADDRESS 4CK)Q T _ W _ KING ABOST 999T)— TRACT 71 out of R_ n- PRICE SURVEY L - B - SUB DIVISION PROPERTY OCCUPANT NIA ) ORDINANCE NO. 615 CASE NO. egg_ DATED o5/10 95 AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDINGTHAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION IV. SUBSTANDARD BUILDINGS DECLARED For the purposes of this Ordinance, any building, regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described shall be deemed to be a substandard building:. (1) Any building that is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare. (2) Any building that, regardless of its structural condition, is unoccupied by its owners, lessees or other invitees and is unsecured from unauthorized entry to the extent that 1 it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children. (3) Any building that is boarded up, fenced or otherwise secured in any manner if: (a) The building constitutes a danger to the public even though secured from entry; or (b) The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by Section IV(2) above. (4) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. (5) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. (6) Whenever the stress in any materials, or members or portion thereof, due to all dead and live loads, is more than one and one half times the Working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. (7) Whenever any portion thereof has been damaged by fire, earthquake, wind flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. -X_ - (8) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. (9) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. (10) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. .- (11) Whenever the building, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of 2 any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse. (12) Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. (13) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. (14) Whenever the building, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 or more percent damage or deterioration of its non -supporting members, enclosing or outside walls or coverings. ,_ (15) Whenever the building has been so damaged by fire, wind, earthquake, flood or other causes, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; or, (b) a harbor for vagrants, criminals or immoral persons: (16) Whenever any building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building provided .by the building regulations of this jurisdiction, as specified in the Building Code, or of any law or, ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. (17) Whenever any building which, whether or not erected in accordance with all applicable laws and _ordinances, has in any non -supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength, (b) fire -resisting qualities or characteristics, or (c) weather -resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. (18) Whenever a -building, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease for reasons including, but not limited to, the following: (a) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. (b) Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. 3 (c) Lack of, or improper kitchen sink in a dwelling unit. (d) Lack of hot and cold running water to plumbing fixtures in a hotel. _k (e) Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. >� (f) Lack of adequate heating facilities. (g) Lack of, or improper operation of, required ventilating equipment. (h) Lack of minimum amounts of natural light and ventilation required by this code. (i) Room and space dimensions less than required by this code the building code. (j) Lack of required electrical lighting. (k) Dampness of habitable rooms. (1) Infestation of insects, vermin or rodents. X (m) General dilapidation or improper maintenance. (n) Lack of connection to required sewage disposal system. (o) Lack of adequate garbage and rubbish storage and removal facilities. (19) Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. (20) Whenever any building is in such a condition as to make a public nuisance known to the common law or in equity jurisprudence. (21) Whenever any portion of a building remains on a site after the demolition or destruction of the building. X (22) Whenever any building is abandoned so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (23) Any building constructed and is still existing in violation of any provision of the Building Code or Uniform Fire Code of the City of Southlake. 4 c:\wpdocs\appeals\sbir\fmt f:\files\muni\slake\ordin2nc\dangerO3 (08-11-94) BUI1'.DINGS ARC Ep ORT SUBsTprlD CTION R S 7r CIIN�P �UTHLAROL EAVEN4g8 509'1 60 N�581 - FAX �g1 481- mmmm� ADD1Z9SS goPERTY P N—v vACT ABOST L - --- PROPERTY PROPERTY 13 OWNER — OCCUPANT SURVEY � out of � SUB DIVISION = ORDINASCE NO. 615 CASE NO. DATED —, REGULATIONS APPLICABLE TO AN ORDINANCE ESTABLISHING DINGSi pROVIDING FOR DANGEROUS AND SUBSTANDARD AL, SECURING, AND THE REPAIR, DEMOLITION, VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS; TIVE OF PROVIDING THAT THIS ORDINANCE SHALL ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENTY FOR VIOLATIONS HEREOF; SAVINGS PROVIDING A SAVLAUSE PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION IV. SUBSTANDARD BUILDINGS DECLARED For the purposes of this Ordinance, an construction, which has any or all of the conditions regardless r deemed to be a substandard building:Of the date Ol � or defects hereina��r lt� — (1) des�p and a hazard to ne building that js l�d Public healt dilapidated (2) h, Safety and � Subs4nd J °Wners, lessee AnY buildin welfare, ar�, or that °r °they Invitees regardl, and IS 4� S Of St Orll fro rat �, Ivii, N SUBSTANDARD BUILDINGS INSPECTION REPORT CITY OF SOUTHLAKE, TEXAS 76092 667 NORTH CARROLL AVENUE (817) 481-5581 - FAX (817) 488-5097 PROPERTY ADDRESS _ ABOST q�WO TRACT L - B - PROPERTY OWNER PROPERTY OCCUPANT _.1 out of '<" I-). ��! �'. E' SURVEY SUB DIVISION ( r 3. ORDINANCE NO. 615 CASE NO. DATED � aAt 06e'TJC AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION IV. SUBSTANDARD BUILDINGS DECLARED For the purposes of this Ordinance, any building, regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described shall be deemed to be a substandard building: (1) Any building that is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare. (2) Any building that, regardless of its structural condition, is unoccupied by its owners, lessees or other invitees and is unsecured from unauthorized entry to the extent that 1 r r a w w x w v 0 0 J N U N U U N U Q < n Q a n J< V V < > r0 r0 ro 0 7 (D cc z C) z0 WOO h O m O<V QO Otro Y N Cl) N<(0 > > a a LLo Q < QU ar pa par par par �O Z� Z20 Z0 ZEO I+t^ J-I Jar Jar Jar N N N N ON mw w v0 mN cam mN =0r-N co Um m 0V VO Um m0 LLt0t0No 01 10 0N N I v V I mMN I -m w - w - -m w - -m w - - -m t0^ pm m 00) m^ ON N^ OmaV^ Vm On N Nm On nm Omr wm 0 w O O W O N in N N W N N N N Z N X w VI O wz y } > J < } W w W w J wm=) > > > m 1 > N -1m Ixfr Nr ¢U< 7 D U V) >v> In V) En V W V) m �0 SaSW S Z r 0 a< O a z m:^ J m OU OU OU V JJV JJV J JJV(L JO JO JO 0 JO O 00 OV) OV) 000 Km mm mm2 cr m ccaC Cc cc<m ¢Qm ¢<r a:< r Q r a r a > a c o_ o_ U_m.. o_m...! 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W - CO (lI - -,:0 w - -0 po 0 00^^O Do 00 00 00 OMNWO ow (DO U lD tD 1 U I U I W ^ W ^ W V) ID V) l0 V) m D O Z) 0 D O O 0 m cr O C7 m U .z. m O Z Y ^ Z Y 3 Y 3 Om pm 0C r r 3 r r r C O O r 0 O 0 O W N W N O W N OUm ^Um OUm 0 a) O_(n o..m O K O m O m oaa VaQ oaa 0 n 0 m N n cl) O (D O m to m N m m v n v m v m l7 N f7 N P1 N (O ^ (D W t0 (D O O N O N tD (D m n n n 1 1 1 1 I I I I 1 I I I I 1 la I O Q 17 x zm Iz mm I W N IZ> IJ2x I; x m7Wr O r xr ^7�K N -Y N -O 1 QO 1 z w I C9mw 0 -¢3 03Y 0z Y NV) V) O N—NO mwnr zrz mz z mz^¢ m3<r< 0 tn0 m 0tr0 <,mLL Q N a0 • tr n v W (D m J N l0 Cl) Cl) m 0 m C) r Q W N It) a X� n w <J (0 W N w to r a (D _ m to C7 > Q^ r N a W z J J I O mJU m W U m . tD Q t0 J < ID (D Q a V Oa ro o 0 nNZ Z.-. am OmtD Oa <(L OW- ^U N< N2M Nam Nn^ En a > EL a (LW p oar Z20 z z Z"LO J r J_r _ 0 w _ N ON N VN NN m0 N ^O(D ION Nc, LLmlOVO Ut'. W V)W < (D 00 CI)W I 0m n n� Y n„O -- -m w^ONE we Q J <J cc< OtDw; t0 l0^ pC-Nt0^ 0W OnNmm = a> N^Cl) m N N I ^m V V I mtc U 1- 7 tL < {N O W O W O N N CN J H Z)N J VI ] O r U w w Y • w Z 0 > > > m'" a p p Vl r Wa O VVI V VI V VI Ir 0 K S ^S^ ^SN O OU Q V) Ym Z O >Zm Cy V w 3�() =Ym =Y z0 SY m a: 0 > W¢a wa rJm wa rJm > rr rJcr. < r < r < r 3 <¢ UW r r - _ V)V) 0o �W0 in Ln tr tr0 0 m wwo wwo wwo c c a >(� 0Mc7 c O� 0 02 CA S c e')0 c'lo< C)UQ c N W O Cl) m- tD C C 0 (D .a n n ^ m V lD mp n V r m 1 Z m- O m m mJ O C r U ^ p CDr 1 O 03 N m.r O t t m J t- n 0 CIA1 Q O N O 0 m (D V V n n n i J K t> a I I U I 1>< - OW 13S 1 IZ 3J ISQ ., z ISa S 3 1 r JO 1 rV) w x ILID x w 1 VI 0 1 aZ V) 1 w t- NWV)n a U t Wmn WJx 13 m0 r r 03 m0 m m Vm a mSVIO•• 0. mSv= vo a ?) _Woz aW 1 (rmn0 I Y I��t-0 v Cr .. p 1 O a r I -i 10< r I Z'7 x z LL W Q ,z7 X Z I J m J O a w S 0 1 O a < F. E- o f 03Zm 3tor 03Zm < ,.p C7LLr Z ONO o0 mwr0< �z �r0a YCl)V) apace V) op a0<atn am b .iE .P WARRANT \Ii19K \Lti Tn1! tar aaD ��! coro11.0 >ole)r for the uec of Tarrant ADDra)!al 0)atr lct 'ho assu�aCf no relDonll Dl)1 tr for the content or accuracy othcr then the use Intended. ICY 15 '95 10:12 R.E.I.S INC. P.1 RIAL FSTATE INFORMATION SERVICES, INC. 611 THROCKMORTON - FORT WORTH, TEXAS 76102 - 817-335-5082 DATE s !Z 6 " Trxwnitting 817 3341334 Total Number of pages wAuding this page IF YOU DO NOT RECEIVE ALL OF TBE PAGES, IUASE CALL 817-335-50$2 Concf deniiaW Note: The attached facsimile message is confidential and is intended only for the use of the recipient mated above. C p* the receivitg and defiverir g f=simi38 messages are authorimd to rood, distribute or copy the message. if you have received this communication is=notify the sender ' lY by tekg e. MY 15 195 10:12 R.E.I.S INC. F E ABSTRACPOR'S INFORMATION LETTER Glenda Jaynes City of Souddake 667 North Can01E Ave.' S'ouddake, Teams 76M 95-1011 In comphmce with your request for mfonuabco with refercom to the fotlovr described popaM, our search refiww LEGAL DEK iMON: Trm0 2J, Abr:trart "2 D, KD. Pace SWrM. 4.0 stow of laud tits ar leas Being all &dcertain IO4 tract or parW of land located and suuawd in the County of Denton, Stale of Texas, a part of the IL D. PRICE SURVEY, about 4 miks east of Roanoke, in Denton Comniy, Texas and being mom particailariy descaribed as Mims: BEGINNING At the Southwest corner of a remain tract of 50 acres of #sued out of the R. D. Price Survey, as shown by deed of TrW from hue Jones and wife Ella Jones to Geo. C. Bishop Trustee, for W. C. Boyd, and deed of tit being ofrecord in volume .133, pie 129 of the Deed of Trust Records, Dewm CouuePy, Texas, THENCE East on the wu& boundary Ise of said 50 acne tract above nbmfia ed a distattee of 77 varas, more of less to the ceantea of the Walnut Gave road which now extends South to the Northwest HqftwaY, THENCA in a northerly direction whh the menderera of dotter of said mad to the north boundary of acid 50 aerie trail above mmdoraad; T HENL''E West on the North boundary lute of said 54 acre tract a dstanco of 135 varam mom or Less too the Northwest comer of said 50 acre tract+, THENCE South with the West boundwy lie of the said 50 acre tract 243.4 varm to the place of begummag c dai*g 4 acm of land more or teas: Lan M= 111t CHAT' OF JMJ WARRANTY DE� June Jones W W. B. Daownitfg Dated 1-22-53, filed 1-22-53. Recorded tat Vokme 3n PAV 553, Deed Rar"ds, Denton Covady, Texas. LIENS FOR WHICH WE F O NO REI.EAW OR ATTEMPID RL ASE OF RECORD: WE FIND NONE: MISTRACPsQF.J1IDGMEIVT'S_ STATE TAII LINES AND FEDERAL TAX FOR WHICH WE FIND NO RELE= OR TE)jl RrFASE OF RECORD- (Search is fimiled to W. B. DOWM NG, only) WE FM NONE: mMarElONS Atvr7 REMARKS: NOTE WE ARE CHECKING A TAX SUIT AND PROBATE RECORDS FOR OR ON W. t3 DOWNH4C, IN DFATSON COUNTY, NOW WELL FURNISH THAT INFORMATION AS SOON AS POSSIBLE this letter dam not mdude arty of the fopown maifo= (1) Bm*nn*caes whir},, from dates o£ adjudication of trio roost iecent buftWtoy, antedate this letter by more than fotntem (14) YMM- (2) SLIb hnd>udwhich from date of mty, antedate this letter by mare than ten (lq) years, ow ma the govemdng statute$ ofkmb&m has mod, whichever is the k mM pe dod. (3) U VW state and re<terat Tsar Lem (etfref &m ad valorem tax luny) wtdch, form date of Ming, arzWdate do lei by more drat ten (10) yems. (4) Any -W axi ad valorem property taxes, teal or persanat, affecting the above described seal property. h is expressly umdentood that the uftdmAped oxparaton andlor its olfims at employes neww accept nor mseuae any i obi*. Bmaallyorot mwiae, for i n iffoam*m%&mded abrn-c. DATED at Port Words, Texas, tins 3rd day of May, IM. f 1 •' � 51' V.. 1 r MRY 15 '35 10:13 R.E.I.S INC. P.3 Jaana E�unCan ac�ayt}sA me i iusvre-r:'•r:' La bo s are arlt: a::��, _�::r, •s5a kid r►i1Zf.1��y',xi�l,�;:aia� COr L`.'.a Put•�roses �n3 causi^�rs.•�.icn !,r�•a=". c., t she dud nor. %dab To"rip1..rsct, it. Live '+rdar! harms aad Datal of aftir.n1 this ??rai Uri of 3s�n.,ary " ^r7.. ..'�"•'•'''r=l� .ors: P.rceaa« Jan. 22nd 1953 ati 1:20 P CO1 7 �': °p�y±dam..' `�.'.'.K�'" _.•.4,„'.:�;-:::'. ..: i'.-•�:�i•:`+.+:: '••�:••':["•'•,••.:'�'`, -�: . 3 553 0 'Suls Of 1hAt �� ♦i d o#.'L� Ce1i11b7 o f of " •Mvks for w--d ir co mad vjxtY Gild �C� gA:d by Yf- r Seven u- anv�m bmanm fifth t 7 •�3 dol, are CQaA L YbaG�pL t= �:GiC a = Ps1'a1�.Oe► a d'and �iOa.,? ;,� 1^:t: i ; f}:.%C p: riritsLO dU Glsrl❖. ^'+ :. alC:aia,rlOd�ads : , , , •• unto LhB aatd y. B. Ds+�l a '; CbvazY o" L 141 4=+• i�ste of fries iIX than aartaiu igA�y txaea ar Perac:l at Maui xocatoa and situa,Lad cn� �i"snrvn acid the Staw"e of '*fib' a Dart Cho !i. D. Frier zurray, *bout Coar wits s "c�aosr, sa, 3eeto� Coset,y. laxaaa d ba1+�; more partic•.dariy dpj�cibad Ss {a'.i^ . B INX 1►t the and cov"r• a,C a ' aarLain Lrao% of 50 aera a of 1 a. a. trios anrreX, as abOWS.1"-dwd cc 2raat !'ram ,:uaa d8nea and idre d.►ba :•.p Ttuatre� for w. CO. all 'So1d• adeed a_" t•r+ast baing of raecrd is lot. • :� of . trust records or votes Cayai7. ?= "" •%etr 6A Gti.'sataak,bowdory 3.aMs:- :'• C4 tltif eagtfP aS'Lhe "•6at^ 1't trrve Yosd rrhieh novr j"f�r: S1! a 3'O�rLZlaalated�y diree*i.G.. ,•.,1t4j r.'t.;t �:nl<T-^:J'r:: Of CDY1G{4%• Gr �ul: .ttj bauadai'Y iia:s OY is or•2+.on, to thet+;Odt'e'b' g.1 �sr•? tract; Tye siwa<: ' 1�'ne of t� M!d �0 acra ta :a of wowdAg UWAS12u °' `; '4•. ai'3 �t�! ^�ora or Seaa. . with all TO RAV 4 i•, ..: M• • . .. a od aFywr:" :asncon Viev"OjL . " ::rt 'and' �wr��e •�'}!�:�'�`� MY 15 '95 10:14 R.E.I.S INC. P.4 • �-. ,:i:� •j: 'f iil :# •;" ::: oa �iPrybY�''' _ "Of"�f' 1ht�k:.r ' �;rW: fax ... :s `c:ry::._ � D•:"sT�C•'�'',�.? ��.!�.� x':�••.:- , ' . ^ ,_,3oa - � is y1A'—�'_i.3" . ' 'nirYCC:' �Y yp�y�4� a71Q'jo .:.. • far :t aj'A`s1t ' 2z��'"-'jrs'ansar7 V. 2933• ` ! Ci7na ued: aq► i iad. aN".R;!!y tea pob3ia In an: for C. 0014, .•��. .. .. A8Rt4A CiDtmt:y,iasat 1953 at' 2n5p F M G r:�SJ: deb. 25ak Z553 at 1220 F !f ,X .�" •..;�3��ca�Ta�tr OF sus uo MOM • _=As 1T.STM ►%3 Wla too" • •, 'y'"+T.�. CE' TE7� '� �+7,'JD3'i,- ir. a •' ti= Ob1kT01i Y 11H r Lhe vowaTA* I,nnd Dwrt of ?oss3 . aco . Ot icoa 51±.t Y.ss•, !3. 9•, Z949s C%_ 1 �, 3f! ---ended b7t 1tc►..a 5't�l �:.•.• . �•.;,. pyxcnesed a cvrtaiu WACC, Of land Aarrinsa£ter der+aribed in tai:: iastr+-..... ' .. - lri D'..T±tua COu^ttys %rs •edq �. �i:-:.i ,n _ '� .. • . , � � , L�=oy i(�it� OC9c � a fly► qvauldd, .. -; ^ •,. ; . .- i r: . _ .. - . , :, �< •,eAied illxkt 6!M nets }e .K erysLraat for ail puryo as"s+:3; Mpt�i it a�M1ti a o -t ` ` � pit p�yies do ra3� Obis ! ::y StIa QR�r'.at:s tOZ A!I itiR __��, tr of T.Nm&l "%U6 %T •+nd xhrasgh i�'' ' ' 1. T ,'ri ;�� ti..r3.t.• • *,A ``9' •'i•'-' 1 .<� may, y,.� 4.', ,�$'4h::i N\.•ti}.... '� •' . =aftos,�`�, :� � ,�,. �. .. '�..,,..,►.:r.�t"L�'tlaResai 11!'aak • _�.. ,..h�.,....�reen '�' * •,fit . o :G i.y;i3,y OL Mi:iut+ Or!) i11!)fYUy gya_.J�lr.��''• . , . ��; +RyON COHi1t<r.�sdi9�, AP�»:t3;,•. rollow�' Oa Z r � ..Y , tovms ay 3blko'''•= C o6iiiX 3t �n!' doaair soo!.so and "s ocuml Rem f AkAton {;IHN':G;1 • LL;e .a r .. . 7 .. a r �J y i r ++r Qd f11i I,. that oilii3Y+ treat go:: p�tr4t" •iR►it�: •• . .. L ��it7�Mdt i �• • a•,yc+;ii 1aO• •���� Y!�•L1� .�i.: ^.. fr. 1oS �;aan;; %viy � � � ' -� ',64. •C.: Y iir.ntr�..: !..::w ,tr iGsa;•: :'�`" `' : t Tsxs�.. and rani , • _ � ^ . moo. a 7 0�' warrst , l;our . SUBSTANDARD BUILDING CHECKLIST (Ordinance No. 615) PROPERTY DESCRIPTION: OWNER: INSPECTOR: CSZ: Substandard Building Inspection Report completed. Request research for all lienholders or mortgagees for the property in question. Recommend to the Board that abatement proceedings be commenced. Set date for public hearing to be held before the Board to determine whether a building complies with the standards set out in Section IV of Ord. 615. (has to fall at least 2 weeks prior to public hearing to provide sufficient time to notify owner). Deliver agenda and packet information to Board. 10 days or more prior to the date set for the public hearing, Notify the record owner and all lienholders or mortgagees of the Public Hearing. (Form 2: Notice of hearing). Green Cards Returned Prior to the public hearing file a copy of the notice mailed to the record owner in the official public records of real property in the county in which the property is located. The Board determines at the public hearing time allowed to complete work and the contents of the order. (Form 3: Order). Order Completed Mail the Order certified, return receipt to the record owner, and each identified lienholder and mortgagee of the building within ten (10) days after Board action. Page 1 of 3 FORM 1: CHECKLIST File the Order with the City Secretary within 10 days after the Board action. Publish the Notice of Order within 10 days after the date the order is issued see Section VIII(3). (Form 4: Notice of Order). Post notice to vacate building and Mail certified, return receipt requested to the occupant of the building. (Form 5: Notice to Vacate, see Ord. 615 Sect 18(2)). Performance of repair work or demolition by property owner. Assessment of work done (or not) by building official and authorization of Building Official for performance of work by City. (Form 6). If city enforcement required: Utility services notified to disconnect services (if necessary). Gas Electric Cable Work performed by City: Demolition: City may demolish if Board finds that buildings are a danger and either infeasible of repair or there is no reasonable expectation that they will be repaired if additional time is given. Date of Demolition Repair: City may repair to extent necessary if the Board has determined building likely to endanger person or property and the building is a residential dwelling with 10 or fewer units. Repair completed Page 2 of 3 FORM 1: CHECKLIST Other: Secured Vacated Sworn itemized account prepared by building official, and filed with city secretary. (Form 6: Sworn Account). Notice of Lien prepared by building official, and filed with city secretary. (Form 7: Notice of Lien). Notice of Lien filed in county records. Bill sent to property owner. Bill paid. Release of Lien filed with County. (Form 8: Release of Lien) Page 3 of 3 FORM 1: CHECKLIST City of Southlake, Texas MEMORANDUM February 26, 1996 TO: Building Board of Appeals FROM: Glenda Jaynes, Code Enforcement Officer SUBJECT: CASE NO. 009 - Status DESCRIPTION: Tract 4C01, Abstract 299 out of the Absolom H. Chivers Survey LOCATION: North side of E. Highland Blvd. in the 700-800 Blk at the intersection of Hwy. 114. OWNER: D/FW - Hwy 114/Highland LTD LIENHOLDER: David Hardy, Trustee FINDINGS: Structure(s) present: (3) (house, sheds) ORDER DATE: May 22, 1995 ORDER TYPE: Demolish Buildings/Structures and Remove Debris within 30 days. OWNER COMPLIED: No CITY ACTION: City contracted work to Demolish Buildings/Structures and Remove Debris. LIEN FILED: Yes STATUS: Buildings/Structures Removed and Lot is Clean. 9i attachments: Location Map 1 7 Ac G, 3 GG I J.14 AC 11.33 Ac K✓ 1A1B 16 1 A2 IBSC L� 3.08 Ac 9.0 Ac 8.645 Ac 16 p G 2A1 & 2A - � CD2CD5.9 Ac 8.78 Ac 1C I 2 2A1 & 2A2 8.39 Ac 20 Ac 20 3.66 Ac 2C5 2C4 0 40.0 Ac r Prlmrose I 35 Ac Tvt. st 1A3 �J 1 SURVEY A-299 GC 3aa 3A 3A1 '" 1 100.0 Ac 0 6A ' A A L� s G3�{�[r`J� H. C�C;IOMCEG�� 4 5 SURVEY A-300 A 56.33 Ac ST . 3A3 61 3A2AT� -- 3A2B 3A2 17 1 ... 3D `, C RCJ 2 g/ �O 3B2 3B 381 38.58 Ac �MApDN. 3 �%y�F 3.15 Ac 6D ST 5.97 Ac 27.466 Ac p��Y K: 4C2 K 8C, 308 30A XIC gILL F`S% 5 i/ 3.9 Ac 6.43 Ac 4 Ac 8C3 B��O pp�ION ' 8c2 A 1A i l; r �` \ 4D 4C2B 4C3 ; �� STREET 10 1 ,EAST 4 A ' S 11 1 mul 8Al2 8 8 8p4 tF 182 1A B' 2A i 3 5 ,A ,C S�NE .LY A5soQ LOCATION MAP 8A10 8818 CASE NO. 009 10 1 — (LY-1` - � 1 1 1 1 1 ' < 3A & 3A2 24.91 Ac HALL W.W. HALL SURVEY Y A-657 �� A-695 NLD NVOOD L 1 1 1 i R I 1 I I CR _ J _ CHA 1 1 n. ® SEA®ER: C Complete items sand/or 2 for additional -i ll - services. ® ° Complete items 3, and 4a & b. also Wish to receive the ° Print your name and address on the reverse of this form so that we canowing services (for an extra return this card to F v you. l: gf ° Attach this form to the front of the mailpiece, or on the back if ace does not permit. p . ❑ Addressee's Address > m ° Write "Return Receipt Requested" on the mailpiece below the article number. ®° 2• El Restricted Delivery The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: Consult postmaster for fee. v 4a. Article Number _ %-c 3 7& 0 D/FW-HWY 114/IiIGHLAND, LTD. ❑Registered ice Type r� P.O. BOX 700876 ❑Insured SAN ANTONIO, TX 78270-0876 i�Certified El COD ❑ Express Mail ❑ Return Receipt for n ® 7. Date of Delivery CC 5. Signature (Addressee) `� r 8. Addressee's Address and fee is paid) LL eCl 6. Signature (Agent) s 2 FS Form 3811 December 1991 *U.S.GPO: 1993--W2-7/4 DO :ST'G RETURN RECEIPT z 092 099 676 Receipt for Certified Mail No Insurance Coverage Provided D/FW-HW'Y 114/HIGHLAND, LTD. P.O. BOX 700876 SAN ANTONIO, TX 78270-0876 rosrage Is Certified Fee :Sf-f.lDelivery Fee Restricted Delivery Fee Return Receipt Showing r to Whom & Dste Delivered L Return Receipt Showing to Whom, Date, and Addressee's Address �i 2.— TOTAL Postage & Fees $ � Postmark or Dat a� _ r �dlse a if requested c w b I City of Southlake, Texas MEMORANDUM May 19, 1995 TO: Building Board of Appeals FROM: Glenda Jaynes, Code Enforcement Officer SUBJECT: CASE NO. 009 - Consideration of Dangerous and Substandard Building(s) PROPERTY DESCRIPTION: Tract 4C01, Abstract 299 out of the Absolom H. Chivers Survey LOCATION: North side of E. Highland Blvd. in the 700-800 Blk at the intersection of Hwy. 114. OWNER: D/FW - Hwy 114/Highland LTD LIENHOLDER: David Hardy, Trustee FINDINGS: Structure(s) present: (3) (house, sheds) Structure(s) condition; deteriated and dilapidated see attached INSPECTION REPORT DATED 05/10/95 see Photograph's presented at the meeting. STATUS: Abandoned/Unoccupied Unsecured COMMENTS: Notice was mailed to the property owner ten days prior to the public hearing. To date there has been no response. gl attachments: Location Map Notice mailed to Property Owner Inspection Report dated 05/10/95 c:\wpwin6O\wpdocs\projects\building\board\mtg5-22.009 -=a City of Southlake, Texas NOTICE OF PUBLIC HEARING TO BE HELD BEFORE THE BUILDING BOARD OF APPEALS ON MONDAY, MAY 22ND , 1995 AT 7:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT SOUTHLAKE CITY HALL, 667 NORTH CARROLL AVENUE, SOUTHLAKE, TEXAS 76092. Name and Address of Record Owner: D/FW - HWY 114/IIIGHLANDS LTD. P O BOX 700876 SAN ANTONIO, TEXAS 8270-0876 According to the records of Tarrant County Appraisal District, you are the owner of property described as: TRACT 4C01, ABST. 299 OUT OF THE ABSOLOM H. CHIVERS SURVEY LOCATED IN THE 700 - 800 BLK OF E. HIGHLAND ST. Please be advised that on 05/10/95 the Building Official of the City of Southlake has found and determined that a building located on the above described property is substandard and proceedings shall commence to cause the repair, vacation, relocation of occupants, removal, demolition or securing of the building. Attached please find a copy of the Substandard Building Inspection Report dated 05/10/95 , describing the conditions found to render the building substandard or dangerous under the provisions of the Uniform Building Code set forth in Ordinance No. 615, Section IV. A Public Hearing will be held before the Building Board of Appeals to determine whether the building/structure located at the above described property complies with the standards set out in Ordinance No. 615, Section IV. According to Ordinance No. 615, Section VI, (d) the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the Ordinance, and the time it will take to reasonably perform the work. If the building is found to be in violation of this Ordinance, the Board may order that the building be repaired, vacated, removed or demolished, secured, or the occupants relocated, by the owner, mortgagee or lienholder within thirty days (30 days). If the Order given to the owner, mortgagee, or lienholder is not complied within the allowed time, the Board may order the City to vacate, secure, remove or demolish the building or relocate the occupants of the building. The expenses incurred by the City shall be a personal obligation of the property owner in addition to a priority lien being placed upon the property to secure payment. If you should have any questions regarding this notice, or you are not the owner, mortgagee, or lienholder please call the office of the Building Official or the Code Enforcement Officer at 817/481-5581. attachment: Substandard Buildings Inspection Report Case No. 009 Dated 0511019 MAY 12 '95 16:15 R.E.I.S INC. F'.1 ...� REAL ESTATE wmmwmmm��� INFORMATION SERVICK Uice 611 THROCYCMORTON - FORT WORTH, TEXAS 76102 • 817-335-5082 F'1tC7M -,. DATE C" TranmitdN frmn 817 334-1334 Tatar Number of pagpa nwAktmg this page IF YOU DO NOT RECEIVE AI_L OF ,PAGES, Z;AMSE GALL 817-335-5082 OmEdentiality Note: The attached faesrnifte message is eonfidential aW is intended only for the use of the recipimt framed above. 0 the receiving and deliuemg facsuru%e moorages are authorized to reed, distnilattte or copy the message, if you have received this cmmunicatton in error, Please notify the sender immediately by telephone. MRY 12 '95 16:16 R.E.I.S INC. F.2 A•+"' v RFAT. Ft An INl<tt;;tR MA 0.K &•R'VICEC, Ilki[' ABSTRACTOR'$ INFORMATION LETTIM Crten& say= 95-IOOQ C4 of Southlake 667 Noah Carrott Avrstue SouWake, Tmaa 76092 In comphame wdh your Wquest fcr ntfoWWhu with reft—ltee to the kkov mg described property, ors search reflects: Mi T. � i11M'- Z)Wd 4P, Being Pact of a 11.71 acre tract or Parcel of ianad, more or k ss, out of the ABSALOM R CMVER3 SURVEY, Abarad #299 situaW in Tarrant County, Texas and bwr g more paritcviatiy described by field noW m attached Dead From David C. I1"ardy, Trustee to DIFW-HiOmay IIVf}Wm* LTD. Fdrd 11-7A1,md tended in'Vuhn a 10438, pagt 32, Deed Recalls, Tarrant Cvmly, Texas. (COPY ATTACK).) LAE DIM IN CHAIN OF TITLE: WAkA1V'TY DEEDIVEbWR'S LEN: David C. Hardy, Trustee to DIFW Highway 1144Lgblartds Ltd. Dated 10-31-91, filed 11-7-9I. Recorded in 'Vohmw 10438, Page 32, Deed. Recordis, Tarrant Canty, Texas, LTCU' iY� POR WHI01 WE EM NO RELEASE OR ATI RMRU FAM OF RECaRM DEN2 OF TRUST: DIFW ffoway 1144*Wands I.td. to, Conner ianib, Trustee for Juhan iC,. Stewart and Cbaaleeai Fdc& Paasch, Bencftc:iany. Dated 10-31-91, f5ed 11-7-91. Recorded i ft Vohrme 10438, Page 36, Deed of Taust Rerork Tarrant C'.our iy, Texas. To smum a nuft in the amount of 5148,047.75, payable as dxmia Provided,. D= OF TRUST: David C. Hacdg to Cie Staples Trustee for Am Hardy, Beneficiary. Dated 7-14- 92, f 6d 7-M-92. R orded in Vabime 10714, Page 1218, Deed of Lust Rwards, Tarrant C.otmty, Texas. To secrr+e a rate in the amount of $19,566.00 and secure payment for IRS_, payable as therein gravidsd. Iwhide s other property. I►QODIFICA j[�IN AGREEMENT: By and bdwem David C. Hardy and Ana Hardy, Dated 10-19.9Z filed 10-21-92. Recorded in V ohmte 10919, Pap 1740, Deed Roc rds, Tarrant ('runty, Texas. N11_ ILI M 41915ICK2XUZAMI cot WE FIND NONE: This 1eau does not mck& any of the following mailers: (I) Eanim4toies whidt, from date of atLoma= of the most reeerrt barttvwy, wmximt ttvs 1 etter by rnore than fourtuea (14) years. (2) Su* and judwmb, which from date of entry, Wdedalt this Witt by mare than ten (10) yeas. our u311:1 the goveamt statutes ofkmagfim has expired, whwhes er is the lorger period. (3) tbyand State aid Federai Tax Liras (outer tltart ad valamem Um km) which, fumt dry of am& antedate this letter by snore than tent (10) years. (4) Any tmpod ad velcx= property taxes, real or perscmal, affiatitg the shove desert'ired real ptopaRy. It s expteasty wul-hood drat the ertedersw=d corporation A>Wor it's offwm or employees neatl= accept nor aasmtte W beheW 5nattri W ar otherwise, for the mfc7ate bm in&catMd above. DATED at Fort Worth, Texas, This 2nd day of May, M5_ REAL ESTATE YNPORMATTON SERVICES, INC. By. ` t. m m z 0' 0 :t; rn ryl ry :xI Clti C'3 m ryi rV zz O I SW-GR112314 WARRANTY DEED ✓� STATE OF TEXAS KNOW ALL AH;N BY THESE PRESENTS: COUNTY OF TARRANT s That DAVID C. HARDY, Trustee, hereinafter referred to as "Grantor", for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) cash and other good and valuable consideration, to Grantor in hand paid by the hereinafter named Grantee as follows: Havc 0--mtcd, Sold and Convcycd, and by these presents do Grunt _ and Convey; _ unto D/FW-HIGHWAY 114/11IGHLANDS, LTD., a Texas Limited Partnership, herein called "Grantee", whose address is c/o James B. Stahala, box 700876, San Antonio, Texas 78270, all that certain lot, tract or parcel of land being more particularly described as follows, to -wit: BEING a 11.71 acre tract or parcel of land, more or less, out of the ABSALOM H. CHIVERS SURVEY, Abstract #299, situated in Tarrant County, Texas, and being more fully described by metes and bounds as follows: BEGINNING at a concrete monument, said monument being located at the Northwest corner of that certain 12.0 acre tract of land as recorded in Volume 3663, Page 384, Deed Records, Tarrant County, Texas, and also being the Northeast corner of that certain 17.99 acre tract as conveyed to Love -Henry and Associates, Inc. , a Texas limited partnership, by Deed as recorded in Volume 5322, Page 46, Deed Records, Tarrant County, Texas, and being by call, 980.55 feet North, and 1213.33 feet North 88 degrees 30 minutes West, from the Southeast corner of the aforementioned Absalom H. Chivers Survey; THENCE South 00 degrees 57 minutes West, along the West line of the afore referenced 12.0 acre tract, and along a fence line, 944.5 feet to a concrete monument for corner, same being located in the North right-of-way line of County Road #3034; THENCE North 87 degrees 35 minutes West, along the said Northerly right-of-way line of road, for a distance of 392.6 feet, to an iron rod for corner, same being the Southeast corner of that certain 3. ^ acre tract of land as conveyed to the Holy Spirit Association for the Unification of World Christianity by Deed as recorded in Volume 6124, Page 506, Deed Records, Tarrant County, Texas; THENCE North 00 degrees 23 minutes East, along the East line of the above referenced 3.0 acre tract, for a distance of 484.5 feet to an iron rod for corner, same being the Northeast corner of the 3.0 acre tract; THENCE North 89 degrees 37 minutes West, along the North line of the 3.0 acre tract, 300.0 feet, to the Northwest corner of same, an iron rod for. corner; Warranty Deed - Page 1 10 11 3 8 0 0 3 2 n ), SW-GR112314 THENCE North 00 degrees 31 minutes 19 seconds East, 458.67 feet to an iron rod for corner, same being located in the North line of the above referenced 17.99 acre tract; THENCE South 88 degrees 35 minutes East, along the North line of the 17.99 acre tract, 700.7 feet to the Place of Beginning, and containing 11.71 acres of land more or less. This conveyance is given and accepted subject to any and all mortgage indebtedness, restrictions, reservations, covenants, conditions, rights of way, easements, municipal or other governmental zoning laws, regulations and ordinances, if any, affecting the herein described property. Grantor hereby certifies that at all times prior to this conveyance Grantor has held title to the property described herein in the capacity of a Trustee solely for the benefit of Grantee. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, and to Grantee's respective heirs, successors and assigns forever, and Grantor does hereby bind the said named Grantor, and Grantor's respective heirs, executors, administrators, and successors, to Warrant and Forever Defend, all and singular the said premises unto the said Grantee, and to Grantee's respective heirs, successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. DATED and EFFECTIVE the 31st day of October, 1991. 1 n DivI C. Hardy, Trustee STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on this 11 day of October, 1991, by DAVID C. HARDY, in the capacity therein stated. �, ow�e�Bh M +p Notary Public in and fo the State of Texas My commission expires: Warranty Deed - Page 2 10 4 3 0 0033 ImrI WARRANTY DEED FROM: David C. Hardy, Trustee TO: D/FW-Highway 114/Highlands, Ltd., A Texas Limited Partnership AFTER RECORDATION RETURN TO: D/FW-Highway 114/Highlands, Ltd. c/o James B. Stahala P. O. Box 700876 San Antonio, TX 78270 10433 0034 i D191192g3.3 s D/FW HIGHWAY 114 HIGHLANDS LTD P O BOX 700876 JAMES B STAHALA SAN ANTONIO. TX 78270 aI -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD---D O Pl O T D E S T R O Y F I L E D--- T A R. R A N T C O !i N T Y T E X A S S U Z A N N E H E N D E R S O N -- COUNTY CLERK O F F I C I A L R E C E I P T T O: SOUTHWEST LAND TITLE t RECEIPT NO REGISTER PRINTED DATE TIME 192030603 DR92 11/07/91 14:O5 \ INSTRUMENT FEECD AMOUNT FILED TIME 1 D191192833 WD 5.0O 911107 14:05 C _ T O T A L DOCUMENTS: 01 F E E S: 8.00 rl U B Y: ANY PROVISION WHICH P'_STRICTS THE SALC RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE to IS INVALID AND !NFORCEABLE UNDER FEDERAL LAW. r I �t 2wqvw e , �� 1,0438 0035 ' 1 • REAL ESTATE INFORMATION SERVICES, INC. ABSTRACTOR'S INFORMATION LETTER 95-1000 Glenda Jaynes City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 In compliance with your request for information with reference to the following described property, our search reflects: LEGAL DESCRIPTION: Tract 4C1, Being part of a 11.71 acre tract or parcel of land, more or less, out of the ABSALOM H. CHIVERS SURVEY, Abstract #299 situated in Tarrant County, Texas and being more particularly described by field notes in attached Deed from David C. Hardy, Trustee to D/FW-Highway 114/Highlands, LTD. Filed 11-7-91,and recorded in Volume 10438, page 32, Deed Records, Tarrant County, Texas. (COPY ATTACHED.) LAST DEEDS IN CHAIN OF TITLE: WARRANTY DEED/VENDOR'S LIEN: David C. Hardy, Trustee to D/FW Highway 114/Highlands Ltd. Dated 10-31-91, filed 11-7-91. Recorded in Volume 10438, Page 32, Deed Records, Tarrant County, Texas. LIENS FOR WHICH WE FIND NO RELEASE OR ATTEMPTED RELEASE OF RECORD: DEED OF TRUST: D/FW Highway 114/Highlands Ltd. to, Conner Lamb, Trustee for Julian C. Stewart and Charleen Frieda Paasch, Beneficiary. Dated 10-31-91, filed 11-7-91. Recorded in Volume 10438, Page 361, Deed of Trust Records, Tarrant County, Texas. To secure a note in the amount of $148,047.75, payable as therein provided. DEED OF TRUST: David C. Hardy to George Staples Trustee for Ann Hardy, Beneficiary. Dated 7-14- 92, filed 7-23-92. Recorded in Volume 10714, Page 1218, Deed of Trust Records, Tarrant County, Texas. To secure a note in the amount of $19,566.00 and secure payment for IRS., payable as therein provided. Includes other property. MODIFICATION AGREEMENT: By and between David C. Hardy and Ann Hardy. Dated 10-19-92, filed 10-21-92. Recorded in Volume 10818, Page 1740, Deed Records, Tarrant County, Texas. ABSTRACTS OF JUDGMENTS STATE TAX LINES AND FEDERAL TAX LIENS FOR WHICH WE FIND NO RELEASE OR ATTEMPTED RELEASE OF RECORD: (Search is limited to D/FW HIGHWAY 1141HIGHLANDS LTD., only) WE FIND NONE: EXCEPTIONS AND REMARKS: This letter does not include any of the following matters: (1) Bankruptcies which, from date of adjudication of the most recent bankruptcy, antedate this letter by more than fourteen (14) years. (2) Suits and judgments, which from date of entry, antedate this letter by more than ten (10) years, our until the governing statutes of limitation has expired, whichever is the longer period. (3) Unpaid State and Federal Tax Liens (other than ad valorem tax liens) which, form date of filing, antedate this letter by more than ten (10) years. (4) Any unpaid ad valorem property taxes, real or personal, affecting the above described real property. It is expressly understood that the undersigned corporation and/or its officers or employees neither accept nor assume any v finaneially nr otherwise for the information indicated above_ REAL ESTATE INFORMATION SERVICES, INC. ABSTRACTOR'S INFORMATION LETTER Glenda Jaynes City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 In compliance with your request for information with reference to the following described property, our search reflects: LEGAL DESCRIPTION: Tract 40, Being part of a 11.71 acre tract or parcel of land, more or less, out of the ABS ALOM H. CHIVERS SURVEY, Abstract #299 situated in Tarrant County, Texas and being more particularly described by field notes in attached Deed from David C. Hardy, Trustee to D/FW-Highway 114/Highlands, LTD. Filed 11-7-91,and recorded in Volume 10438, page 32, Deed Records, Tarrant County, Texas. (COPY ATTACHED.) LAST DEEDS IN CHAIN OF TITLE: WARRANTY DEED/VENDOR'S LIEN: David C. Hardy, Trustee to D/FW Highway 114/Highlands Ltd. Dated 10-31-91, filed 11-7-91. Recorded in Volume 10438, Page 32, Deed Records, Tarrant County, Texas. LIENS FOR WHICH WE FIND NO RELEASE OR ATTEMPTED RELEASE OF RECORD: DEED OF TRUST: D/FW Highway 114/Highlands Ltd. to, Conner Lamb, Trustee for Julian C. Stewart and Charleen Frieda Paasch, Beneficiary. Dated 10-31-91, filed 11-7-91. Recorded in Volume 10438, Page 361, Deed of Trust Records, Tarrant County, Texas. To secure a note in the amount of $148,047.75, payable as therein provided. DEED OF TRUST: David C. Hardy to George Staples Trustee for Ann Hardy, Beneficiary. Dated 7-14- 92, filed 7-23-92. Recorded in Volume 10714, Page 1218, Deed of Trust Records, Tarrant County, Texas. To secure a note in the amount of $19,566.00 and secure payment for IRS., payable as therein provided. Includes other property. MODIFICATION AGREEMENT: By and between David C. Hardy filed 10-21-92. Recorded in Volume 10818, Page 1740, Deed Records, and Ann Hardy. Dated 10-19-92, Tarrant County, Texas. ABSTRACTS OF JUDGMENTS STATE TAX LINES AND FEDERAL TAX LIENS FOR WHICH WE FIND NO RELEASE OR ATTEMPTED RELEASE OF RECORD: (Search is limited to D/FW HIGHWAY 1141HIGHLANDS LTD., only) WE FIND NONE: EXCEPTIONS AND REMARKS: This letter does not include any of the following matters: (1) Bankruptcies which, from date of adjudication of the most recent bankruptcy, antedate this letter by more than fourteen (14) years. (2) Suits and judgments, which from date of entry, antedate this letter by more than ten (10) years, our until the governing statutes of limitation has expired, whichever is the longer period. (3) Unpaid State and Federal Tax Liens (other than ad valorem tax liens) which, form date of filing, antedate this letter by more than ten (10) years. (4) Any unpaid ad valorem property taxes, real or personal, affecting the above described real property. It is expressly understood that the undersigned corporation and/or its officers or employees neither accept nor assume any liability, financially or otherwise, for the information indicated above. DATED at Fort Worth, Texas, this 2nd day of May,1995. REAL ESTATE INFORMATION SERVICES, INC. By City of Southlake, Texas OF THE SOUTHLAKE BUILDING BOARD OF APPEALS CASE NO. 009 TO: D/FW - Hwy 114/Highland LTD DATE: May 22, 1995 WHEREAS, a public hearing was held on May 22, 1995 before the Southlake Building Board of Appeals ("Board") regarding structures present on Tract 4C01, Abstract 299 out of the Absolom H. Chivers Survey located in the 700-800 Blk of E. Highland Blvd., Southlake, Texas; and WHEREAS, the records of the office of the county clerk indicate that D/FW - Hwy 114/Highland LTD is the record owner of the buildings; and WHEREAS, notice of the public hearing was mailed to the property owner more than ten (10) days prior to the date of the hearing; and WHEREAS, the Board finds that the defects or conditions set forth on the Substandard Building Inspection Report, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the buildings; and WHEREAS, the Board further finds that the buildings are infeasible of repair. NOW, THEREFORE, THE BUILDING BOARD OF APPEALS HEREBY ORDERS THAT all the structures located on Tract 4C01, Abstract 299 out of the Absolom H. Chivers Survey located in the 700-800 Blk of E. Highland Blvd. in Southlake, Texas be demolished, the cistern filled and the debris removed form the property within thirty (30) days of the date of this order. The owner may demolish or remove the structure at his option. If the ordered action is not taken within the allotted time, the city will remove or demolish the building and charge the cost to the property. If the city is not promptly reimbursed for its expenses, the city will place a lien on the property for the amount owned. Chairman, Southlake Building Board of Appeals ATTEST: Secretary of the Building Board of Appeals Filed in the Office of the City Secretary on , 1995. (seal) City Secretary SUBSTANDARD BUILDINGS INSPECTION REPORT CITY OF SOUTHLAKE, TEXAS 76092 667 NORTH CARROLL AVENUE (817) 481-5581 - FAX (817) 488-5097 PROPERTY ADDF.ESS 700 -. 800 BLOCK OF E. HIS ABOST 299 TRACT 4CO1 out of A. CHIVERS SURVEY L - B - SUB D.T. VISION PROPERTY OWNER D / FW.. I 114 HIQHLAND LTD., P..0-. BOX 700876 SM ANTONIO, TX PROPERTY .00CUPANT N/A ORDINANCE NO. 615 CASE NO. (_ DATED 05/10/95 AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING*THAT THIS ORDINANCE SHALL.BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION IV. SUBSTANDARD BUILDINGS DECLARED For the purposes of this Ordinance, any building, regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described shall be deemed to be a substandard building:. X (1) Any building that is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare. x (2) Any building that, regardless of its structural condition, is unoccupied by its owners, lessees or other invitees and is unsecured from unauthorized entry to the extent that 1 it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children. (3) Any building that is boarded up, fenced or otherwise secured in any manner if: (a) The building constitutes a danger to the public even though secured from entry; or (b) The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by Section IV(2) above. (4) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. (5) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. (6) Whenever the stress in any materials, or members or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. (7) Whenever any portion thereof has been damaged by fire, earthquake, wind flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. (8) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. (9) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. (10) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. ,K,'_ (11) Whenever the building, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of 2 any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse. ,,X/ (12) Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. (13) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. (14) Whenever the building, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 or more percent damage or deterioration of its non -supporting members, enclosing or outside walls or coverings. (15) Whenever the building has been so damaged by fire, wind, earthquake, flood or other causes, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; or, (b) a harbor for vagrants, criminals or immoral persons. (16) Whenever any building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building provided by the building regulations of this jurisdiction, as specified in the Building Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. (17) Whenever any building which, whether or not erected in accordance with all applicable laws and ordinances, has in any non -supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength, (b) fire -resisting qualities or characteristics, or (c) weather -resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. (18) Whenever a building, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease for reasons including, but not limited to, the following: .2�- (a) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. (b) Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. 97 (c) Lack of, or improper kitchen sink in a dwelling unit. (d) Lack of hot and cold running water to plumbing fixtures in a hotel. (e) Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. (f) Lack of adequate heating facilities. (g) Lack of, or improper operation of, required ventilating equipment. (h) Lack of minimum amounts of natural light and ventilation required by this code. (i) Room and space dimensions less than required by this code the building code. (j) Lack of required electrical lighting. (k) Dampness of habitable rooms. (1) Infestation of insects, vermin or rodents. (m) General dilapidation or improper maintenance. (n) Lack of connection to required sewage disposal system. (o) Lack of adequate garbage and rubbish storage and removal facilities. —,/—(19) Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. (20) Whenever any building is in such a condition as to make a public nuisance known to the common law or in equity jurisprudence. (21) Whenever any portion of a building remains on a site after the demolition or destruction of the building. x (22) Whenever any building is abandoned so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (23) Any building constructed and is still existing in violation of any provision of the Building Code or Uniform Fire Code of the City of Southlake. 4 c:\wpdocs\appeals\sbir\fmt f:\filcs\muni\slake\ordinanc\dangcr03 (08-11-94) HIMi—� 5-1 jj`� 1J; 4'e rKUPI t_ 1 1 Y LA- biJU I HLHKk TU Mid -West Wrocking Co. jo P.M am 00 act . ta�ant+wt.o Nultn. UWUMMft. er..�. M - o non w S" FAX 317-48S4h% DA,X July 17, 1995 TM ...City of.hlnira A... t�tlit.s'iRnda .Tg4nmm PWN: LAI_C;S,AL AnDanB: 667 North Cerroll- Avecae Southlake, Texas 76092 JOB L0CAi'WO: 70f)-QD Alk V. k A;:zhInnd. R1tA We p9VPore Md soft to aU tabor. matq*d. eq , Md imura ► afta ry ba amndett subject vmvk, in aceordwim wsth Uw f4bws V Mid -Kest Wrecking Company will demq'41s11 strucpures doss to clean dirt removing all debris from the lot. The area Vill road graded to prevent pondiuS of watt and left in a clean presentable app�0'rance,. •I: :I. . s el Hid -Nest Wrecking Company /is not responsible fot anY\,.�iabestos on hazardous material regnpval. 75" POPOW b knd d to ttt9tb a" bade a% lnlwt '! w Caamepw dmn not be slgneiae !at Ylwigs a[ Air? dra to st:fLcer, tee~. M olbrt chasm its swaroea"a WffihVL sassier Woslcweia's Md Raba ustukr rww mm bet does aft Romme Asia ae my ad= ehstselet Ballet 12ft eame, A Auer aencptaeee by the 0mm to 1ft em bdow Ne 3wM raeE atrli be s der spun appnwd brow >hr as a[lleer at fsa om-pNW of am anommemp" of /6t we& bw tba Ommon qr Md WM Um wgaftft *a tstlst afire a d bOWM the campm and for . Dio a:at tarsi ar "W"Nobdkra "N be toNA&ei a put e9 ft aereve"t. Aecspted A CqA2tY BY Vat- 1 Yic resident . v-foI TOTAL P.05 SUBSTANDARD BUILDING CHECKLIST (Ordinance No. 615) PROPERTY DESCRIPTION: OWNER: INSPECTOR: CSZ: Substandard Building Inspection Report completed. Request research for all lienholders or mortgagees for the property in question. Recommend to the Board that abatement proceedings be commenced. Set date for public hearing to be held before the Board to determine whether a building complies with the standards set out in Section IV of Ord. 615. (has to fall at least 2 weeks prior to public hearing to provide sufficient time to notify owner). Deliver agenda and packet information to Board. 10 days or more prior to the date set for the public hearing, Notify the record owner and all lienholders or mortgagees of the Public Hearing. (Form 2: Notice of hearing). Green Cards Returned Prior to the public hearing file a copy of the notice mailed to the record owner in the official public records of real property in the county in which the property is located. The Board determines at the public hearing time allowed to complete work and the contents of the order. (Form 3: Order). Order Completed Mail the Order certified, return receipt to the record owner, and each identified lienholder and mortgagee of the building within ten (10) days after Board action. Page 1 of 3 FORM 1: CHECKLIST File the Order with the City Secretary within 10 days after the Board action. Publish the Notice of Order within 10 days after the date the order is issued see Section VIII(3). (Form 4: Notice of Order). Post notice to vacate building and Mail certified, return receipt requested to the occupant of the building. (Form 5: Notice to Vacate, see Ord. 615 Sect 18(2)). Performance of repair work or demolition by property owner. Assessment of work done (or not) by building official and authorization of Building Official for performance of work by City. (Form 6). If city enforcement required: Utility services notified to disconnect services (if necessary). Gas Electric Cable Work performed by City: Demolition: City may demolish if Board finds that buildings are a danger and either infeasible of repair or there is no reasonable expectation that they will be repaired if additional time is given. Date of Demolition Repair: City may repair to extent necessary if the Board has determined building likely to endanger person or property and the building is a residential dwelling with 10 or fewer units. Repair completed Page 2 of 3 FORM 1: CHECKLIST Other: Secured Vacated Sworn itemized account prepared by building official, and filed with city secretary. (Form 6: Sworn Account). Notice of Lien prepared by building official, and filed with city secretary. (Form 7: Notice of Lien). Notice of Lien filed in county records. Bill sent to property owner. Bill paid. Release of Lien filed with County. (Form 8: Release of Lien) Page 3 of 3 FORM I: CHECKLIST v1ly Vi k./vuunQf%cj IQAQJ OF THE SOUTHLAKE BUILDING BOARD OF APPEALS CASE NO. 009 TO: D/FW - Hwy 114/Highland LTD DATE: May 22, 1995 WHEREAS, a public hearing was held on May 22, 1995 before the Southlake Building Board of Appeals ("Board") regarding structures present on Tract 4C01, Abstract 299 out of the Absolom H. Chivers Survey located in the 700-800 Blk of E. Highland Blvd., Southlake, Texas; and WHEREAS, the records of the office of the county clerk indicate that D/FW - Hwy 114/Highland LTD is the record owner of the buildings; and WHEREAS, notice of the public hearing was mailed to the property owner more than ten (10) days prior to the date of the hearing; and WHEREAS, the Board finds that the defects or conditions set forth on the Substandard Building Inspection Report, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the buildings; and WHEREAS, the Board further finds that the buildings are infeasible of repair. NOW, THEREFORE, THE BUILDING BOARD OF APPEALS HEREBY ORDERS THAT all the structures located on Tract 4C01, Abstract 299 out of the Absolom H. Chivers Survey located in the 700-800 Blk of E. Highland Blvd. in Southlake, Texas be demolished, the cistern filled and the debris removed form the property within thirty (30) days of the date of this order. The owner may demolish or remove the structure at his option. If the ordered action is not taken within the allotted time, the city will remove or demolish the building and charge the cost to the property. If the city is not promptly reimbursed for its expenses, the city will place a lien on the property for the amount owned. Clan, S 1! like Building Board of Appeals ATTEST: - lh Q..L- d mjh..-� Secretary of the Building Board of Appeals Filed in the Office of the City Secretary on , 1995. (seal) City Secretary SUBSTANDARD BUILDINGS INSPECTION REPORT CITY OF SOUTHLAKE, TEXAS 76092 667 NORTH CARROLL AVENUE (817) 481-5581 - FAX (817) 488-5097 PROPERTY ADDRESS 700 - 800 BLOCK_ OF E. HIGHLAND ABOST 299 TRACT 4CO1 out of A. CHIVERS SURVEY SUB DIVISION PROPERTY OWNER D / FW.. 1W, 114 HIGHLAND LTD., P..0. BOX 700876 SAN ANTONIO, TX PROPERTY OCCUPANT N/A ORDINANCE NO. 615 CASE NO. oog_ DATED 05/10/95 AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDINGTHAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILTTY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION IV. SUBSTANDARD BUILDINGS DECLARED For the purposes of this Ordinance, any building, regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described shall be deemed to be a substandard building:. X (1) Any building that is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare. X (2) Any building that, regardless of its structural condition, is unoccupied by its owners, lessees or other invitees and is unsecured from unauthorized entry to the extent that 1 it it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children. (3) Any building that is boarded up, fenced or otherwise secured in any manner if: (a) The building constitutes a danger to the public even though secured from entry; or (b) The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by Section IV(2) above. (4) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. (5) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. (6) Whenever the stress in any materials, or members or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. (7) Whenever any portion thereof has been damaged by fire, earthquake, wind flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. (8) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. (9) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. (10) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. (11) Whenever the building, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of 2 any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse. , L (12) Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. (13) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. (14) Whenever the building, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 or more percent damage or deterioration of its non -supporting members, enclosing or outside walls or coverings. (15) Whenever the building has been so damaged by fire, wind, earthquake, flood or other causes, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; or, (b) a harbor for vagrants, criminals or immoral persons. (16) Whenever any building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building provided by the building regulations of this jurisdiction, as specified in the Building Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. (17) Whenever any building which, whether or not erected in accordance with all applicable laws and ordinances, has in any non -supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength, (b) fire -resisting qualities or characteristics, or (c) weather -resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. (18) Whenever a building, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease for reasons including, but not limited to, the following: . - (a) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. (b) Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. 3 (c) Lack of, or improper kitchen sink in a dwelling unit. (d) Lack of hot and cold running water to plumbing fixtures in a hotel. (e) Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. (f) Lack of adequate heating facilities. (g) Lack of, or improper operation of, required ventilating equipment. (h) Lack of minimum amounts of natural light and ventilation required by this code. (i) Room and space dimensions less than required by this code the building code. (j) Lack of required electrical lighting. (k) Dampness of habitable rooms. (1) Infestation of insects, vermin or rodents. X (m) General dilapidation or improper maintenance. (n) Lack of connection to required sewage disposal system. (o) Lack of adequate garbage and rubbish storage and removal facilities. _1Z (19) Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. (20) Whenever any building is in such a condition as to make a public nuisance known to the common law or in equity jurisprudence. (21) Whenever any portion of a building remains on a site after the demolition or destruction of the building. Y (22) Whenever any building is abandoned so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (23) Any building constructed and is still existing in violation of any provision of the Building Code or Uniform Fire Code of the City of Southlake. 4 c:\wpdocs\appeals\sbir\fmt f:\files\muni\slake\ordinanc\danger03 (08-11-94) I y ONE HOUR • DELIVERY SERVICE ,, DALLAS 444-2900 FT. WORTH 877-1233 2 s S CompanyGI'I' 1a1 ^aliL17HL Ak E Address 667 N CARROLL Suite City SiO I FIALAK E Contact4 /+h: 22''Mill #, }2 Company E/FlyiAe-- Addresses Suite.fCiE�l%!t Contact-�E' • • ■ • • • The liability of One Hour Delivery Service, Inc., is limited to the sum of $1000.00. Claims must be made within 72 hours, 1155101 1 -)f^7, AN 1 PM ,2�, � 2 ): IVER SUBSTANDARD BUILDINGS INSPECTION REPORT CITY OF SOUTHLAKE, TEXAS 76092 667 NORTH CARROLL AVENUE (817) 481-5581 - FAX (817) 488-5097 PROPERTY ADDRESS 700 �ae I Y r ABOST TRACT out of e6/ )lP/fi SURVEY L - B - SUBDIVISION PROPERTY OWNER !G� I 6 �7tO PROPERTY OCCUPANT AS D/v d ORDINANCE NO. 615 CASE NO. DATED AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION IV. SUBSTANDARD BUILDINGS DECLARED For the purposes of this Ordinance, any building, regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described shall be deemed to be a substandard building: (1) Any building that is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare. (2) Any building that, regardless of its structural condition, is unoccupied by its owners, lessees or other invitees and is unsecured from unauthorized entry to the extent that 01 TA 9 I I. II� M. ]] K I ,Dp.O K I f l.o K a TA K3 (Lo K! TR r TR w o K Ic I T,11 b N Tnls tex map was corollee Solely /or the use of Tarr.n( Apprel Se, pl3trl Ct ,h0 e3.. n0 r qqqqq nn In,'� IOr the content Or ecc...c, Other than the USe O,nteneeeY W L ITT S — .. 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M -V> Q O)Q mJ •• ma CO-J.- m0 m0 1-- ma -z •• ma-Z> m¢or mm z 013m m3m m>LL > O)>LL ••a N�Q Jr N�Q Jr ND:(DJ N¢(DJ N�a Mi Mr - N�MMW Nm-7 N¢ a NLL z NLL Z NJ.+33W NJU-+33 2Z '+,0<z !YOQZ OM00 OMO rlY-wz -WM w00 Q * \Oa \Oa OZ W¢ Oz w C77 QrWapw arLLaaW Qm-VI am-Vl QrLL-xW Qr-xa Qm-VI Qr it <0 CL0 <0 CL0 Qx7aZa Qx7aZ a CC (7 (5 0 STATEMENT J F c Mid- West Wrecking Co. P.O. BOX 161819 FORT WORTH, TX 76161 PHONE: 817-589-7062 FAX 817-483-8154 September 8,1995 City of Southlake 667 North Carroll Avenue Southlake Tx 76092 JOB DESCRIPTION HOURS RATE COST ob Number: 95/016 ob LOcation: 700-800 Blk . E. Highland Blvd ob Discription: Demolition or the demolition of structure and lean up of all debris $6,000.00 jju All accounts due and payable upon receipt of statement. 1'/2 % Service Charge per month will be added to all accounts 30 days past due. INSPECTION OF PROPERTY Property description: S 8(�) BBA Case #: O©9 Date of BBA Order: Description of work completed by owner: N d N� Conditions or defects listed in BBA abatement order corrected If no, what work is still required?: Yes No Y Enforcement action required by city: V'Yl f 7 Building Official Qo- 60 . q Date of Inspection f:\files\muni\slake\inspect.frm Page 1 of 1 FORM 6: INSPECnON OF PROPERTY INSPECTION OF PROPERTY Property description: — 4 0� V�j BBA Case #: 009 Date of BBA Order: Jr - oZ Description of work completed by owner: N 0 N'v Conditions or defects listed in BBA abatement order corrected: If no, what work is still required?: Yes No Y t action required by city: c\- Q Y`f1 n Building Official azs e Date of Inspection 4\files\muni\stake\inspect.frm Page 1 of 1 FORM 6: INSPECTION OF PROPERTY A Ben Kates Aq Edmond. 81da homa 73M4 4a5-478.9833 Mid -Test Wrecking Co. P.O. BOX 161819 FT. WORTH, TX. 76161 COMMERCIAL ac REMENTIAL KINIl1LIT1011 LA CLEARING & E][CNIATION PHONE_ 817-5BS-7062 FAX. 817- 838154 July 17, 1995 Ammy Andoreon TO: City cif Sal h1Rk Attu {'lg�.nfls TA_MP'q �. PHONE:tLA1--SSs l r ADDRESS: +667 North Carroll Avenue Sou-thlake, Texas 76092 •, :41 . We propose and agree to furnish all labor, matgrw, equipment. and iostlrnn r necessary to complete subject work in aceordartcr with the following: Mid —West Wrecking Company will, dem fish struc res down to clean dirt removing all debris from the lot. The area w;11 roag�aded to prevent ponding of wate and left in a clean presentable appeatrance., ac FUR THE SUM OF $ b, 0 0 0. 0 0 COLEP=ON DATE: —3 Z d _a Z►§ _ M ALTFRNATE&- Mid—West Wrecking Company /s .not responsible for any\sbestos or hazardous material removal. T'hi.s proposal !e limited to thirty days acceptance from date hereof. The Company abali not be responsible for datnade or delay due to strikes, fires, accidents or other Causes beyond its reasonable control. The Company caMes Workmen's C t10n and Public 'Uability Insurance, but does not assume rtmks of any other character under Ilia contract. After acceptance by the Owner to the spsoe below, this contract shall be binding either upon approval below by on officer of the Company or upon commencement of the work by the Company and shall then constitute the entire agreement between the Company and the Owner. Xo oral terms or repret}entations shall be considered a part of this aleement. Date iH Tit V_ ViceA Tresxdent HUb-�_J.3-199!5 15:4b hfd.rt Ll I Y OF bLU I F LHKt 0 4e3eis4 P.03 P'_'L. f '--.1L 1-/.- T_.._� %..{Y VI / V^QQ CITY OF SOUTHLAKE, TEXAS DEM01MON CONTRACT THE STATE OF TEXAS KNOWN ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT THAT this 8VCCM= made and entered into this the 24 day of August 95 by and between the City of Souddake, a municipal corporation, acting by and through its duly authorized City M om, bemhrl er cOW "(:ity", anti M i d -West Wrecking thereinafter Called •Co pt" WITNESSETS: That said parties have agreed as follows: . .. I at for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the said Contractor hereby.agtees with the said City to dance and complete the project described as follows: Removal of Vacant, Condemned, Dilapidated Non -repairable Strictures and Cleatw8 and Cleaning of Lot at: -,90 R 1 k F_ Highland R 1_ v d_ 2. That the work herein contemplated shall consist of furnishing all labor, went and materials necessary for the completion of said project in accordance with the plans and specifications prepared by the Code Enforcement Dew of the City of Soufhh t, attached hereto. It is expressly undemod and agreed by all patties hereto that Contractor is an independent contractor in its relationship to the City of Southlake. Nothing herein contained at any time or in any manner shall be construed to effect an agre== of p=wxsbtp or joint ve=re or render any party hereto the employer or master of any other patty andlor its employees, agents or representatives. 3. The Contractor hereby agrees and binds himself to commence said work within three (3) days after signanhre execution of this agreement with ite City of Southlake. 4. The Contractor he agrees to prosecute said work with reasonable diligence after the comineshcetrhent thereof and to fully complete and finish the same ready for the inspection and approval of the Building/Official or designated representative of the City of SouddAe within a period of three (3) wodwg days from the time of commencing said work; that said actor shall be enti led to an extension of said time for doing said work for such time as he may necemrily lose or be delayed by unavoidable accident caused by unforeseen matters over which said Contractor has no control, such as inclemency in the weather, acts of providence, labor strikes and delivery of materials, in all of which cases the negligence or c aW=sness of the contractor not contributing to such delay. 5. Should the Contractor fail to begin the work herein provided for within the ti= herein fixed or to carry on and complete the same according to the true meamng of the intent and tcros of said gmificatim, than the City shall, have the right to take charge of and compete the work in such manner as it may deem proper, and access the work performed and adjust proposal price accordingly. pg. I HlJla-�S-1 5 15. 4 7 F RUM C; H Y UI- 5UU I I�F_ I L I 4838154 N.04 6. The Contractor agrees to fully indemaiiy, save and hold harmless the City from all costs of damages arising out of wry real or asserted claim or cause of action against it to whatsoever kind of character, and in additiou from aW and all costs of damages arising out of any wrongs, injuries, demands or suits for damages, either real or asserted, claimed against it that may be occasioned by any act, omissim neglect or misconduct of the said Contractor, his agents, servants and/or employees, regardless whether, such injuries, or damages are caused in whole or in part by the negligence of the City. The Contractor furthat agrees to carry comprehensive gWa-al liability mirance having limits no less than $100,000 per each incident and $300,000 aggregate; or combined limits. 7. The Contractor further agrees to comply with all ordinances, statutes and regulations of City. State anti United States Govern meths applicable to the activities covered by this act. 8. Contractor agrees that the performance of this contract, either in whole or m part, shall not be sublet or assigned to anyone else by said Contractor without the consent of the Building Official or designated represe�ative of the City of Souddalm. 4. � City agrees to pay in full the price shown on the proposal by Mid -West Wrecking attached and aide a part hereof, upon final completion of specified project subject to the final inspection and approval from the Building Official or his designated representative of the City of Scntthlake and also subject to paragraph number 5. +1 aln• trey r�l:•r.«u , 1 Subscribed and sworn to on this 2 4 day of August , 1995, to certify which witness my hand and seal of office. My Commission Bxpir+es: 6-21-99 pg. 2 0 WIN for the State of Texas i`•'"�°ytl:- MARY L. GAMBLE *= MY COMMISSION EXPIRES �.€Qf 0June 21, 1M ALJG-23-1995 15:45 FROM CITY OF SOUTHLAKE TO Uty of Southtah4, Texas 4838154 P.02 1, MAIM application for DmohtiOD P' prior to starting wodL 2. Submit proof of oom; rrhemive ge oenl usbC* fixutaace having linnets no Iris than $100,000 Per incident and $M,000 a99re9ft or combined limits. 3. All contramor opmwx= shall be performed in such manner as to C=4ly with all ordiMMU, Olutes and regulations of the City of Soctihl m and State of Texas. 4. Commuter racponsibie eo locate an ut1tiy lulu and doMine that nadorgt+oUad bcilitjm are protected Prior to worldw in the area. City of SQtmoe 817/481-5581 Lone Star Gas Co. 8171923-M l TU Eacxrc 817/859-2564 General Telephone Co. 21413184M Harron Cable 817/4304" 5. Contractor shall adhere to Tree Ordbmm No. 585. All Trees that are 8" or larger in dinamr are Protected by Ordinnaw No. 585. Violation of this ordinance may rmk in fines of $500.00 per trot. 6. C.ontraMr ftU remove all MuCtUm Present on lot amuse athcrwiae specified and clear All rubbish. Cvatt*a" shall leave lot clean and mowable when work is complete. 7. Conawtor shall fUl, cover, and grade any surface bodes or i--- art ies, wells, basements, celbrra remaining after demolition of any budding or structure in Such manner elute wUl provide effective wrfaee drainage. 8. C.anuutoar sbail pay at lew the miuimcma wage per hoar for all labor as is established by the City. 9. Contractor shall be n"ousAft to notifj► DWIding Offichtl (eat 7") or Code BaWment Officer (ext.781) at 481-5591 when demolition worst: and cleaning of lot is completed for a final Wgmxtim b mmw of Paymaat is full of completim of wort aobjec t to Seal isaspoctiotn rind approval from the Building Official. MID -WEST WRECKING COMPANY f i r Comractoe Signed - EP[Y QE S01TRS3R£ Bg? \, CARROLL AVENUE SO ETHLAKE, 22&&S 7602 / I T ! @ * PE RMI2 *9MR£ R , P93-00l6I0I TYPE: DEMOLITION A PPLICA TIO 3 DATE : OS/a5/ 2W3 APPROVAL DATE : 08/25/19§3 23 RMI2/ISS R£ DATE: 0 /Z5/Ig@3 EX PIRA TIO N DATE . OD/ 23/Igg) THIS IS CERTIFY THAT: g2>-REST WRECKING CO HAS PERMISSION' TO 2 2ltg/i\S Ta Et: FOR: MID -WEST W REC61\G CO P O BOX IGlalg ET W 0 R? E. ?\ 76161 LOCATED ON THE FOLLOWING DESCRISFD SESE: PROPERTY ID *E/££k: A 299 lC31 CSlVE&S. ABSOEO3 E SURVEY ; A 2g9 T& 4J01 STk£2T ADDRESS: 700 £ HTGRR&yU TOTAL COST : 0 'i EDO?&G£: r TOTAL VALUE: 0 D » 2 S,C D �� -------------------------------------------------------------------------------- kOETIyS: DEPARTMENT SIGN BY DATE OUT DEPARTyIEwT SIGN BY DATE OUT -------------------------------------------------------------------------------- y£35: TYPE TOTAL F££: $0.00 AMIDE\$ TYPE SUBSTANDARD BUILDING CHECKLIST (Ordinance No. 615) ADDRESS: PROPERTY DESCRIPTION: OWNER: INSPECTOR: CSZ: Date Substandard Building Inspection Report completed. Request research for all lienholders or mortgagees for the property in question. Recommend to the Board that abatement proceedings be commenced. Set date for public hearing to be held before the Board to determine whether a building complies with the standards set out in Section IV of Ord. 615. (has to fall at least 2 weeks prior to public hearing to provide sufficient time to notify owner). Deliver agenda and packet information to Board. 10 days or more prior to the date set for the public hearing, Notify the record owner and all lienholders or mortgagees of the Public Hearing. (Form 2: Notice of hearing). Green Cards Returned Prior to the public hearing file a copy of the notice mailed to the record owner in the official public records of real property in the county in which the property is located. The Board determines at the public hearing time allowed to complete work and the contents of the order. (Form 3: Order). Order Completed Mail the Order certified, return receipt to the record owner, and each identified lienholder and mortgagee of the building within ten (10) days after Board action. f:\files\muni\slake\subbuild.ckl Page 1 of 3 FORM 1: CFECKLIST Pile the Order with the City Secretary within 10 days after the Board action. Publish the Notice of Order within 10 days after the date the order is issued see Section VIII(3). (Form 4: Notice of Order). Post notice to vacate building and Mail certified, return receipt requested to the occupant of the building. (Form 5: Notice to Vacate, see Ord. 615 Sect 18(2)). Performance of repair work or demolition by property owner. Assessment of work done (or not) by building official and authorization of Building Official for performance of work by City. (Form 6). If city enforcement required: Utility services notified to disconnect services (if necessary) Gas Electric Cable Work performed by City: Demolition: City may demolish if Board funds that buildings are a danger and either infeasible of repair or there is no reasonable expectation that they will be repaired if additional time is given. Date of Demolition Repair: City may repair to extent necessary if the Board has determined building likely to endanger person or property and the building is a residential dwelling with 10 or fewer units. Repair completed f:\files\muni\slake\subbuild.ckl 'age 2 of 3 FORM 1: CHECKLIST Other: Secured Vacated Sworn itemized account prepared by building official, and filed with city secretary. (Form 6: Sworn Account). Notice of Lien prepared by building official, and filed with city secretary. (Form 7: Notice of Lien). Notice of Lien filed in county records. Bill sent to property owner. Bill paid. Release of Lien filed with County. (Form 8: Release of Lien) f:\files\muni\slake\subbuild.ckl Page 3 of 3 FORM 1: CHECKLIST INSPECTION OF PROPERTY Property description: BBA Case #: Description of work completed by owner: Date of BBA Order: Conditions or defects listed in BBA abatement order corrected: Yes If no, what work is still required?: Enforcement action required by city: Building Official Date of Inspection No f:\files\muni\slake\inspect.frm Page 1 of 1 FORM 6: INSPECTION OF PROPERTY REPAIR OR DEMOLITION EXPENSE ACCOUNT FOR PROPERTY DESCRIPTION: RECORD OWNER: DATES OF DEMOLITION: DESCRIPTION OF WORK PERFORMED: EQUIPMENT USED COST LABOR CHARGE COST OTHER EXPENSES COST SUBTOTAL TOTAL EXPENSES I certify that the above is a true and correct itemization of expenses and costs incurred by the City of Southlake for the demolition of the above described property. Building Official Subscribed and sworn to on this day of , 19by the above named person, to certify which witness my hand and official seal. My Commission Expires: Notary Public, State of Texas Printed Name f:\Files\muni\slake\swnacct.fr-- Page 1 of 1 FORM 7: SWORN ACCOUNT NOTICE OF LIEN STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, the City of Southlake ("City") is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City has adopted ordinances providing for the abatement of dangerous buildings and has followed all required procedures and given all notices required law in seeking to abate a nuisance by causing the securing, removal, repair, or demolition of a substandard structure or structures on private property; and WHEREAS, a copy of the Order to abatement is attached as Exhibit "A" and incorporated herein for all purposes; and WHEREAS, the owner or owners of the private property have failed to perform the required work after proper notice, opportunity for hearing, and time for compliance; and WHEREAS, the City did secure, repair, remove, or demolish the substandard structure or structures within the City, Tarrant County, Texas, on property described as follows: Address of Property: Lot: Block: Addition: Work Done: Amount of Expenses Incurred by City: Balance Remaining: Owner: Address of Owner: Tract: Abst.: Survey: Date: WHEREAS, the owner has failed to pay the charges levied and assessed against the property described. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: The City of Southlake, for the purpose of perfecting its privileged lien against the above described property, and in compliance with requirements of law, gives notice to all that the above described work was done by, or at the direction of, the City of Southlake, and the costs described are due and owing to the City of f:\files\muni\slake\Iienrot.frm Page 1 of 2 FORM 8: NOTICE OF LIEN Southlake, together with interest thereon from the date the work was performed at a rate of ten percent (10%) per annum. No utility service, building permit or certificate of occupancy shall be allowed on said property until the assessment is paid and this lien is released by the city. Said assessment with interest, costs of collection and reasonable attorneys' fees, if incurred, is declared to be a first and paramount lien upon said premises (except as to tax liens, existing special assessment liens, and previously recorded bono fide mortgage liens attached to the same property), and a personal liability of the true owner or owners payable to said City of Southlake, its successors or assigns, as set forth above. The proceedings with reference to performing such demolition or repair have been regularly had in compliance with the law, the charter of the City, and the terms of this Notice of Lien and all prerequisites to the fixing of the assessment lien against the property herein described and the personal liability of the owner or owners thereof have been performed. Said premises may be sold for the purpose of realizing any amount then due hereon with interest and reasonable attorneys' fees and costs of collection, if incurred, said sale to be made in the manner provided by law in the charter of said City for the sale of property for the collection of taxes, or the City of Southlake may exercise its charter powers to enforce and collect the assessment by suit in its own name or for the benefit of any legal holder of a Certificate of Assessment covering the property. Building Official Attest: City Secretary STATE OF TEXAS § COUNTY OF TARRANT § THIS INSTRUMENT was acknowledged before me on this the day of , 1995, by My Commission Expires: Notary Public in and for the State of Texas Type or Print Notary's Name f:\files\muni\slake\liennot.frm Page 2 of 2 FORM 8: NOTICE OF LIEN RELEASE OF LIEN STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, on the day of , 19 , Building Official of the City of Southlake ("City") recorded a Notice of Lien encumbering the following property: Address: Lot: Block: Addition: Tract: Abst.. Survey: WHEREAS, the Lien was imposed to secure the payment of $ together with interest of ten percent (10%) per annum from the date payment become due for work done on the property by the city to abate the nuisance of a substandard structure or structures; and WHEREAS, the city has been paid $ , which amount fully reimburses the city for its costs and required interest; NOW, 'THEREFORE, I, , Building Official for the city, certify that the amount owed the City pursuant to the Lien noticed on the day of , 19 , and entered in , has been fully paid to the City, and on behalf of the City, I do hereby release and discharge the lien previously claimed by the City for work done on the property to abate the nuisance of a substandard structure or structures. Building Official City of Southlake SWORN AND SUBSCRIBED before me by , this _ day of , 19 , to certify which witness my hand and seal of office. Notary Public in and for the State of Texas Notary Name Typed or Printed My Commission Expires: f:\files\muni\slake\lienrel.frm i age 1 of 1 FORM 9: RELEASE OF LIEN City of Southlake, Texas " ORDER . OF THE SOUTHLAKE BUILDING BOARD OF APPEALS CASE NO. 009 TO: D/FW - Hwy 114/Highland LTD DATE: May 22, 1995 WHEREAS, a public hearing was held on May 22, 1995 before the Southlake Building Board of Appeals ("Board") regarding structures present on Tract 4C01, Abstract 299 out of the Absolom H. Chivers Survey located in the 700-800 Blk of E. Highland Blvd., Southlake, Texas; and WHEREAS, the records of the office of the county clerk indicate that D/FW - Hwy 114/Highland LTD is the record owner of the buildings; and WHEREAS, notice of the public hearing was mailed to the property owner more than ten (10) days prior to the date of the hearing; and WHEREAS, the Board finds that the defects or conditions set forth on the Substandard Building Inspection Report, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the buildings; and WHEREAS, the Board further finds that the buildings are infeasible of repair. NOW, THEREFORE, THE BUILDING BOARD OF APPEALS HEREBY ORDERS THAT all the structures located on Tract 4C01, Abstract 299 out of the Absolom H. Chivers Survey located in the 700-800 Blk of E. Highland Blvd. in Southlake, Texas be demolished, the cistern filled and the debris removed form the property within thirty (30) days of the date of this order. The owner may demolish or remove the structure at his option. If the ordered action is not taken within the allotted time, the city will remove or demolish the building and charge the cost to the property. If the city is not promptly reimbursed for its expenses, the city will place a lien on the property for the amount owned. Cloirman, S u e uilding Board of Appeals ATTEST: - �:�eh Secretary of the Building Board of Appeals Filed in the Office of the City Secretary on City Secretary 1995. (seal) SUBSTANDARD BUILDINGS INSPECTION REPORT CITY OF SOUTHLAKE, TEXAS 76092 667 NORTH CARROLL AVENUE (817) 481-5581 - FAX (817) 488-5097 PROPERTY ADDRESS 700 - 800 BLOCK OF E. HIGHLAND ABOST 299 TRACT 4001 out of A. CHIVERS L - D - SUB DTVISION SURVEY PROPERTY OWNER D / FW. $WY _ 114 HIGHLAND LID., P. 0. BOX 700876 SAN ANTONIO, TX PROPERTY OCCUPANT N/A ORDINANCE NO. 615 CASE NO. oog DATED 05/10/95 AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDINGTHAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION IV. SUBSTANDARD BUILDINGS DECLARED For the purposes of this Ordinance, any building, regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described shall be deemed to be a substandard building:. X (1) Any building that is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare. x (2) Any building that, regardless of its structural condition, is unoccupied by its owners, lessees or other invitees and is unsecured from unauthorized entry to the extent that I it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children. (3) Any building that is boarded up, fenced or otherwise secured in any manner if: (a) The building constitutes a danger to the public even though secured from entry; or (b) The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by Section IV(2) above. (4) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. (5) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. (6) Whenever the stress in any materials, or members or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. (7) Whenever any portion thereof has been damaged by fire, earthquake, wind flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. (8) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. (9) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. (10) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. (11) Whenever the building, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse. (12) Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. (13) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. (14) Whenever the building, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 or more percent damage or deterioration of its non -supporting members, enclosing or outside walls or coverings. ,Y\ (15) Whenever the building has been so damaged by fire, wind, earthquake, flood or other causes, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; or, (b) a harbor for vagrants, criminals or immoral persons. (16) Whenever any building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building provided by the building regulations of this jurisdiction, as specified in the Building Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. (17) Whenever any building which, whether or not erected in accordance with all applicable laws and ordinances, has in any non -supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength, (b) fire -resisting qualities or characteristics, or (c) weather -resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. (18) Whenever a building, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease for reasons including, but not limited to, the following: _2� (a) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. (b) Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. 3 (c) Lack of, or improper kitchen sink in a dwelling unit. (d) Lack of hot and cold running water to plumbing fixtures in a hotel. ,_ (e) Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. ,9- (f) Lack of adequate heating facilities. (g) Lack of, or improper operation of, required ventilating equipment. (h) Lack of minimum amounts of natural light and ventilation required by this code. (i) Room and space dimensions less than required by this code the building code. (j) Lack of required electrical lighting. (k) Dampness of habitable rooms. (1) Infestation of insects, vermin or rodents. X (m) General dilapidation or improper maintenance. (n) Luck of connection to required sewage disposal system. (o) Lack of adequate garbage and rubbish storage and removal facilities. (19) Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. (20) Whenever any building is in such a condition as to make a public nuisance known to the common law or in equity jurisprudence. (21) Whenever any portion of a building remains on a site after the demolition or destruction of the building. Y (22) Whenever any building is abandoned so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (23) Any building constructed and is still existing in violation of any provision of the Building Code or Uniform Fire Code of the City of Southlake. 4 c:\wpdocs\appeals\sbir\fmt f:\files\muni\slake\ordinanc\dangcr03 (08-11-94) City of Southlake, Texas MEMORANDUM May 19, 1995 TO: Building Board of Appeals FROM: Glenda Jaynes, Code Enforcement Officer SUBJECT: CASE NO. 009 - Consideration of Dangerous and Substandard Building(s) PROPERTY DESCRIPTION: Tract 4C01, Abstract 299 out of the Absolom H. Chivers Survey LOCATION: North side of E. Highland Blvd. in the 700-800 Blk at the intersection of Hwy. 114. OWNER: D/FW - Hwy 114/Highland LTD LIENHOLDER: David Hardy, Trustee FINDINGS: Structure(s) present: (3) (house, sheds) Structure(s) condition; deteriated and dilapidated see attached INSPECTION REPORT DATED 05/10/95 see Photograph's presented at the meeting. STATUS: Abandoned/Unoccupied Unsecured COMMENTS: Notice was mailed to the property owner ten days prior to the public hearing. To date there has been no response. gi attachments: Location Map Notice mailed to Property Owner Inspection Report dated 05/10/95 c:\wpwin60\wpdocs\projects\building\board\mtg5-22.009 , A2 11.33 Ac K ' JIBK CE p 8.645 Ac 1B I -A 5.9 Ac r IC , 2 l lA n 1AIB 18 3.08 Ac 9.0 Ac 2AI & 2A 2A --- 8.78 Ac 2A1 & 2A2 8.39 Ac 20 Ac ( 2C3 3.66 Ac 2C5 2C4 7 Ac 40.0 Ac 35 Ac Primrose I f t. St �G� WER �y lA3 SURVEY A-299 Y 6C 3A4 3A 3A1 �, J 100.0 Ac a o t z of 6A' A 4 5 SURVEY A-300 I r. 6G2 A 56.33 Ac 6G 3A3 ' &G1 6J TF ` :3:A:2 A U k, 30 1\ , C R5 2 4) AO 382 38 381 38.58 Ac NApL� RTy�F 3.is Ac C 3 r 5.97 Ac I `1_ _ 27.tp4C 4C2 4C T— G.j � 3 8C1 30B YIA 3E1C JL� ST 5 i 3.9 Ac 6.43 Ac 4 Ac J 8C3 Bfz1G p�ION ' r-1�- 8C2 40 I I pA,f 4C2B 4C3 II N N STREET co ( 01, I I -- --- ,CAST A S I I &Wl 8Al2 8 8 8B4 ,EI 1 1F 182 IA B 82 � 883 A7 3 2A O � �� .� LY 5 A � L.� • TIC A55 �'�Q LOCATION MAP > > 1# �A10 CASE NO. 009 BBiB I I I I 10 I 3A & 3A2 Al 24.91 Ac 11 1 1 1 1 A-687 ��{, SURVEY A-693 V 1" MAID VOOO L CR I I I I I TLT- ` I I I - �•• •- r� 1— CHA J jc City of Southlake, Texas NOTICE OF PUBLIC HEARING TO BE HELD BEFORE THE BUILDING BOARD OF APPEALS ON MONDAY, MAY 22ND , 1995 AT 7:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT SOUTHLAKE CITY HALL, 667 NORTH CARROLL AVENUE, SOUTHLAKE, TEXAS 76092. Name and Address of Record Owner: D/FW - HWY 1141HIGHLANDS LTD, P.O. BOX 700876 According to the records of Tarrant County Appraisal District, you are the owner of property described as: TRACT 4C01, ABST. 299 OUT OF THE ABSOLOM H. CHIVERS SURVEY LOCATED IN THE 700 - 800 BLK OF E. HIGHLAND ST. Please be advised that on 05/10/95 the Building Official of the City of Southlake has found and determined that a building located on the above described property is substandard and proceedings shall commence to cause the repair, vacation, relocation of occupants, removal, demolition or securing of the building. Attached please find a copy of the Substandard Building Inspection Report dated 05/10/95 , describing the conditions found to render the building substandard or dangerous under the provisions of the Uniform Building Code set forth in Ordinance No. 615, Section IV. A Public Hearing will be held before the Building Board of Appeals to determine whether the building/structure located at the above described property complies with the standards set out in Ordinance No. 615, Section IV. According to Ordinance No. 615, Section VI, (d) the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the Ordinance, and the time it will take to reasonably perform the work. If the building is found to be in violation of this Ordinance, the Board may order that the building be repaired, vacated, removed or demolished, secured, or the occupants relocated, by the owner, mortgagee or lienholder within thirty days (30 days). If the Order given to the owner, mortgagee, or lienholder is not complied within the allowed time, the Board may order the City to vacate, secure, remove or demolish the building or relocate the occupants of the building. The expenses incurred by the City shall be a personal obligation of the property owner in addition to a priority lien being placed upon the property to secure payment. If you should have any questions regarding this notice, or you are not the owner, mortgagee, or lienholder please call the office of the Building Official or the Code Enforcement Officer at 817/481-5581. attachment: Substandard Buildings Inspection Report Case No. 009 Dated 05/10/95 SUBSTANDARD BUILDINGS INSPECTION REPORT CITY OF SOUTHLAKE, TEXAS 76092 667 NORTH CARROLL AVENUE (817) 481-5581 - FAX (817) 488-5097 PROPERTY ADDRESS 700 7 800 BLOCK OF E. HIGHLAND ABOST 299 TRACT 4001 out of A. CHIVERS L - B - SUB DTVISION SURVEY PROPERTY OWNER D / FW. ffW 114 HIGHLAND LTD., P. O. BOX 700876 SAN ANTONIO, TX PROPERTY .00CUPANT N/A ORDINANCE NO. 615 CASE NO. oo DATED 05/10/95 AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDINGTHAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION IV. SUBSTANDARD BUILDINGS DECLARED For the purposes of this Ordinance, any building, regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described shall be deemed to be a substandard building:. X (1) Any building that is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare. x (2) Any building that, regardless of its structural condition, is unoccupied by its owners, lessees or other invitees and is unsecured from unauthorized entry to the extent that 1 it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children. (3) Any building that is boarded up, fenced or otherwise secured in any manner if: (a) The building constitutes a danger to the public even though secured from entry; or (b) The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by Section IV(2) above. (4) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. ,— (5) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. (6) Whenever the stress in any materials, or members or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. (7) Whenever any portion thereof has been damaged by fire, earthquake, wind flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. (8) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. (9) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. (10) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. „K,-- 01) Whenever the building, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of 2 any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse. , L (12) Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. (13) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. (14) Whenever the building, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 or more percent damage or deterioration of its non -supporting members, enclosing or outside walls or coverings. A (15) Whenever the building has been so damaged by fire, wind, earthquake, flood or other causes, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; or, (b) a harbor for vagrants, criminals or immoral persons. (16) Whenever any building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building provided by the building regulations of this jurisdiction, as specified in the Building Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. (17) Whenever any building which, whether or not erected in accordance with all applicable laws and ordinances, has in any non -supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength, (b) fire -resisting qualities or characteristics, or (c) weather -resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. (18) Whenever a building, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease for reasons including, but not limited to, the following: (a) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. (b) Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. 3 X (c) Lack of, or improper kitchen sink in a dwelling unit. (d) Lack of hot and cold running water to plumbing fixtures in a hotel. (e) Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. (f) Lack of adequate heating facilities. (g) Lack of, or improper operation of, required ventilating equipment. (h) Luck of minimum amounts of natural light and ventilation required by this code. (i) Room and space dimensions less than required by this code the building code. (j) Lack of required electrical lighting. (k) Dampness of habitable rooms. (1) Infestation of insects, vermin or rodents. Y (m) General dilapidation or improper maintenance. (n) Lack of connection to required sewage disposal system. (o) Lack of adequate garbage and rubbish storage and removal facilities. (19) Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. (20) Whenever any building is in such a condition as to make a public nuisance known to the common law or in equity jurisprudence. (21) Whenever any portion of a building remains on a site after the demolition or destruction of the building. x (22) Whenever any building is abandoned so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (23) Any building constructed and is still existing in violation of any provision of the Building Code or Uniform Fire Code of the City of Southlake. 4 INSPECTED BY.• PAUL WARD, BUILDING OFFICIAL EXT. 755 c:\wpdocs\appeals\sbir\fmt -DATE f:\files\muni\slake\ordinanc\dangcrO3 (03-11-94) OFFICIAL RFC'-' CO jNTV OF TARRANT STATE OF TEXAS W City of Southlake, Texas NOTICE OF LIEN and STATEMENT OF EXPENSES Demolition of Substandard Structure This Notice of Lien and Statement of Expenses applies to property owned by DFW-HWY 114/ HIGHLAND LTD ("owner") whose address is P.O. BOX 700876 SAN ANTONIO, TX. 78270-0876 This property is located at 701E-3Q0 gTK E HIGH Qum RrVD- , Southlake, Tarrant County, Texas, and is referred to in this notice and statement as "the property." The property is further described as: µ (Legal description must be included here.) TRACT 4C01, ABSTRACT 299 ABSOLOM H. CHIVERS SURVEY SOUTHLAKE, TX. , TARRANT COUNTY Notice was given to the owner, a public hearing was held, and all other procedural requirements were followed as required by law. The owner did not comply with the city's order to repair or demolish the structure within the time period ordered as set forth in the Order of Abatement attached hereto. The City of Southlake ("City"), at its expense, caused the substandard structure to be demolished and removed on or about 8-23 , 1995. c� The City's cost in demolishing and removing the structure from the property was M $ 6000.00 The balance due now includes the City's cost plus interest accruing at the 0 rate of 10 percent on this amount from NOV. 27 cv p . 1995, until fully paid. co N When filed with the County Clerk of Tarrant County, this Notice of Liefi and Statement of Expenses constitutes a lien on the property as security for the expenditures made and interest accrued. The city council may bring suit for foreclosure to recover the amount owed. EXECUTED this r� 7 — day of , 195-1. Mayo SUBSCRIBED and sworn to on this day of APVM44a�, M5 before me the undersigned authority by Mayor -of the City of Southlake. =Ot�pY PV�� $A{iDRA L LEGRAitD *� NOTARY PUBLICLxd� of Comm. State of Texas Z" Comm. Exp, oz-04-97 otary Public My commission expires OFFICE OF THEfirIRY CITY OF SOUTHLAKE 607 N. CARROLL AVE. SOUTHLAKE, 0:XAS 76092 (:\files\muni\slake\dcmolicn 12182 0494 D195217014 CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX 76092 -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 N 0 T D E S T R O Y I NDEXED -- TARRANT COUNTY TEXAS S U Z A N N E H E N D E R S 0 N -- COUNTY CLERK O F F I C I A L R E C E I P T T 0: CITY OF SOUTHLAKE RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 196050477 DR91 T003957 11/30/95 14:06 INSTRUMENT FEECD 1 D195217014 ML T O T A L: DOCUMENTS: 01 INDEXED TIME 951130 14:06 CG F E E S: 11.00 ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. 12182 0495 — y v. vUUUi1QC, tCAaa MEMORANDUM May 19, 1995 TO: Building Board of Appeals FROM: Glenda Jaynes, Code Enforcement Officer SUBJECT: CASE NO. 009 - Consideration of Dangerous and Substandard Building(s) PROPERTY DESCRIPTION: Tract 4C01, Abstract 299 out of the Absolom H. Chivers Survey LOCATION: North side of E. Highland Blvd. in the 700-800 Blk at the intersection of Hwy. OWNER: D/FW - Hwy 114/Highland LTD LIENHOLDER: David Hardy, Trustee FINDINGS: Structure(s) present: (3) (house, shed's) Structure(s) condition; deteriated and dilapidated see attached INSPECTION REPORT DATED 05/10/95 see Photograph's presented at the meeting. STATUS: Abandoned/Unoccupied Unsecured �e COMMENTS: Notice was mailed to the property owner ten days prior to the public hearing. To date there has been no response. gl attachments: Location Map Notice mailed to Property Owner Inspection Report dated 05/10/95 c:\wpwin60\wpdocs\projects\building\board\mtg5-22.009 i 1 11.33 Ac �f ,BSC 1B P 8.645 Ac 5.9 Ac r 1C 1 2 i 'A WB 1B 3.08 Ac 9.0 Ac 2A1 & 2A - 2A �---' 8.78 Ac 2A1 k 2A2 8.39 Ac 20 Ac i 2C3 3.66 Ac 2C5 2C4 N 7tik 40.0 Ac 35 Ac Primrose I J pvt. St �•}1 IA3 1 SURVEY A-299 P i 6C 3A4 3A 3A1 1 100.0 Ac 6 I nn rr\\nn MM MM �n � c` •�. 8 3 3 L� e RK H W. CW� V EH A A SURVEY A-300 4 5 A 56.33 Ac +' 6G2 6C t• �. 3A3 '1 •1 6G1 %i 6J 9 % K �- 3A2A U 3A28 Av 77 3D ` I �RCJ 2 /vO 382 38 381 38.58 Ac �i Gf,�DDN. 3 �%�3.15 Ac C: 5.97 AC 27.466 Ac A��Y 4C 4C2 44C `, I I 89 Y 5 3 J 8C 8C1 �Fsj 3.9 Ac 6.43 Ac 4 Ac 30B XIA 30C 611- ( '' BC3 , E5. ADp� I,- 8C2 1 I I P 4D , 4C28 4C3 I' STREET (— ' .CAST A S i I &WI 8Al2 8 8 884 10 1 1F 1B2 1A 8 8A7 3 2 88 .`: J 1 G R t 2A to r3ou 5 �r A55� LOCATION MAP JJA C� TIC CASE NO. 009 1D ' 3A l>C 3A2 24.91 Ac HaLL —1- 1�54!Y A-6B7 l SURVEY A-693 -1 */� wt1_o CR CHA 1 I I — — - Tl--� City of Southlake, Texas NOTICE OF PUBLIC HEARING TO BE HELD BEFORE THE BUILDING BOARD OF APPEALS ON MONDAY, MAY 22ND , 1995 AT 7:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT SOUTHLAKE CITY HALL, 667 NORTH CARROLL AVENUE, SOUTHLAKE, TEXAS 76092. Name and Address of Record Owner: D/FW - HWY 114/11IGHLANDS LTD, According to the records of Tarrant County Appraisal District, you are the owner of property described as: TRACT 4C01, ABST. 299 OUT OF THE ABSOLOM H. CHIVERS SURVEY LOCATED IN THE 700 - 800 BLK OF E. HIGHLAND ST. Please be advised that on 05/10/95 the Building Official of the City of Southlake has found and determined that a building located on the above described property is substandard and proceedings shall commence to cause the repair, vacation, relocation of occupants, removal, demolition or securing of the building. Attached please find a copy of the Substandard Building Inspection Report dated 05/10/95 , describing the conditions found to render the building substandard or dangerous under the provisions of the Uniform Building Code set forth in Ordinance No. 615, Section IV. A Public Hearing will be held before the Building Board of Appeals to determine whether the building/structure located at the above described property complies with the standards set out in Ordinance No. 615, Section IV. According to Ordinance No. 615, Section VI, (d) the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the Ordinance, and the time it will take to reasonably perform the work. If the building is found to be in violation of this Ordinance, the Board may order that the building be repaired, vacated, removed or demolished, secured, or the occupants relocated, by the owner, mortgagee or lienholder within thirty days (30 days). If the Order given to the owner, mortgagee, or lienholder is not complied within the allowed time, the Board may order the City to vacate, secure, remove or demolish the building or relocate the occupants of the building. The expenses incurred by the City shall be a personal obligation of the property owner in addition to a priority lien being placed upon the property to secure payment. If you should have any questions regarding this notice, or you are not the owner, mortgagee, or lienholder please call the office of the Building Official or the Code Enforcement Officer at 817/481-5581. attachment: Substandard Buildings Inspection Report Case No. 009 Dated OS/10/95 SUBSTANDARD BUILDINGS INSPECTION REPORT CITY OF SOUTHLAKE, TEXAS 76092 667 NORTH CARROLL AVENUE (817) 481-5581 - FAX (817) 488-5097 PROPERTY ADDRESS 700 - 800 BLOCK OF E . HIGHLAND ABOST 299 TRACT 4001 out of A. CHIVERS SURVEY L - B - SUB DIVISION PROPERTY OWNER D / FW.. 1W. 114 HIGHLAND LTD . , P ..O. BOX 700876 SAN ANTONIO, TX PROPERTY OCCUPANT N/A ORDINANCE NO. 615 CASE NO. oog DATED 05/10/95 AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDINGTHAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION IV. SUBSTANDARD BUILDINGS DECLARED For the purposes of this Ordinance, any building, regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described shall be deemed to be a substandard building:. X (1) Any building that is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare. X (2) Any building that, regardless of its structural condition, is unoccupied by its owners, lessees or other invitees and is unsecured from unauthorized entry to the extent that 1 it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children. (3) Any building that is boarded up, fenced or otherwise secured in any manner if: (a) The building constitutes a danger to the public even though secured from entry; or (b) The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by Section IV(2) above. (4) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. (5) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. (6) Whenever the stress in any materials, or members or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. (7) Whenever any portion thereof has been damaged by fire, earthquake, wind flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. (8) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. (9) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. (10) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. (11) Whenever the building, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of oil any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse. (12) Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. (13) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. (14) Whenever the building, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 or more percent damage or deterioration of its non -supporting members, enclosing or outside walls or coverings. (15) Whenever the building has been so damaged by fire, wind, earthquake, flood or other causes, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; or, (b) a harbor for vagrants, criminals or immoral persons. (16) Whenever any building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building provided by the building regulations of this jurisdiction, as specified in the Building Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. (17) Whenever any building which, whether or not erected in accordance with all applicable laws and ordinances, has in any non -supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength, (b) fire -resisting qualities or characteristics, or (c) weather -resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. (18) Whenever a building, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease for reasons including, but not limited to, the following: (a) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. (b) Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. 9 (c) Lack of, or improper kitchen sink in a dwelling unit. (d) Lack of hot and cold running water to plumbing fixtures in a hotel. (e) Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. (f) Lack of adequate heating facilities. (g) Lack of, or improper operation of, required ventilating equipment. (h) Lack of minimum amounts of natural light and ventilation required by this code. (i) Room and space dimensions less than required by this code the building code. (j) Lack of required electrical lighting. (k) Dampness of habitable rooms. (1) Infestation of insects, vermin or rodents. (m) General dilapidation or improper maintenance. (n) Lack of connection to required sewage disposal system. (o) Lack of adequate garbage and rubbish storage and removal facilities. (19) Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. (20) Whenever any building is in such a condition as to make a public nuisance known to the common law or in equity jurisprudence. (21) Whenever any portion of a building remains on a site after the demolition or destruction of the building. Y (22) Whenever any building is abandoned so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (23) Any building constructed and is still existing in violation of any provision of the Building Code or Uniform Fire Code of the City of Southlake. 10 INSPECTED BY. aA-0 PAUL WARD, BUILDING OFFICIAL EXT. 755 c:\wpdocs\appeals\sbir\fmt DATE / 1 O / f:\files\muni\slake\ordinanc\dangcr93 (03-1I-94) Property description: INSPECTION OF PROPERTY 516 F- , k�oR 'CS� A BBA Case #: 1 Date of BBA Order: Description of work completed by owner: �3 O N P Conditions or defects listed in BBA abatement order corrected: Yes No If no, what work is still required?: Enforcement action required by city: �p �' r C r 6 Building Official - G ^ a 9,5 Date of Inspection G\Glcs\muni\slake\inspccL(rm Page 1 of 1 FORM 6: INSPECITON OF PROPERTY PROCEEDURES FOR IMMEDIATE THREAT BUILDINGS ORDINANCE 876 After the Building Official has determined the building is an Immediate Threat: Research of Property Owner, Lienholders, Mortgagees Secure Building. (see Section XII, (1).) (Building Official has authority to secure building if deemed an immediate threat.) Place on City Council Agenda (see Section XII (2).) Prior to the date set for the Council Meeting, give reasonable notice to the property owner of the date the meeting will be held saying that the building has been determined to be an immediate danger to persons an property and it has been secured and may be ordered to be demolished and removed. Notification of Owner is required within 10 days after the DATE the City Council gives an order as stated in Sec. XII (2) a. or b., notify owner. (see Sec. XII, (3) and (4).) The Owner of the property may file a written request for a hearing within 30 days AFTER the DATE the City has taken action. If hearing requested, it shall be within 20 days AFTER the REQUEST IS FILED. (see Sec. XII, (5).) City Cost Recovery, (see Sec. XII, (6) and Sec. X.) PROCEEDURES FOR IMMEDIATE THREAT BUILDINGS ORDINANCE 876 After the Building Official has determined the building is an Immediate Threat: Research of Property Owner, Lienholders, Mortgagees Secure Building. (see Section XII, (1).) (Building Official has authority to secure building if deemed an immediate threat.) Place on City Council Agenda (see Section XII (2).) Prior to the date set for the Council Meeting, give reasonable notice to the property owner of the date the meeting will be held saying that the building has been determined to be an immediate danger to persons an property and it has been secured and may be ordered to be demolished and removed. Notification of Owner is required within 10 days after the DATE the City Council gives an order as stated in Sec. XII (2) a. or b., notify owner. (see Sec. XII, (3) and (4).) The Owner of the property may file a written request for a hearing within 30 days AFTER the DATE the City has taken action. If hearing requested, it shall be within 20 days AFTER the REQUEST IS FILED. (see Sec. XII, (5).) City Cost Recovery, (see Sec. XII, (6) and Sec. X.) than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. XVIII. SECTION All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 697 or any other ordinances affecting the abatement of dangerous or substandard buildings which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. XIX. SECTION The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. XX. SECTION The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. XXI. SECTION This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. (d) notice of the time and place of the hearing. (5) Copy of Order Filed with District Clerk. After the civil penalty is assessed, the city secretary shall file with the district clerk of the county in which the property is located, a certified copy of the order assessing the civil penalty stating the amount and duration of the penalty. (6) Enforcement. The civil penalty may be enforced by the city in a suit brought by the City in a court of competent jurisdiction for a final judgment in accordance with the assessed penalty. A civil penalty under this subsection is final and binding and constitutes prima facie evidence of the penalty in any suit. XIV. SECTION AUTHORITY NOT LIMITED Notwithstanding all other provisions of this Article, nothing herein shall be deemed a limitation on the duty of the City to summarily order the demolition of any building or structure where it is apparent that the immediate demolition of such building or structure is necessary to the protection of life, property or general welfare of the people in the city. Xv• SECTION This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Specifically, Ordinance No. 697 is repealed. XVI. SECTION It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. XVII. SECTION Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more Subsection XII(2) above; (d) An explanation of the owner's entitlement to request a hearing about any matter relating to the City's securing, removing, demolishing or repairing of the building. (5) Hearing. The Board or the City Council shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the City's securing, repairing, removing or demolishing of the building, if, within thirty (30) days after the date the City has taken action pursuant to Subsections XII(1) or (2) above, the owner files with the City a written request for the hearing. The hearing shall be conducted within twenty (20) days after the date the request is filed. (6) Lien. If the City incurs expenses under this Subsection, such expenses incurred shall be a personal obligation of the property owner in addition to a priority lien upon the property, and costs shall be recovered as provided by Section X of this Section. Section. XIII. (7) Violation. It shall be unlawful to fail to comply with an order issued pursuant to this SECTION CIVIL PENALTY (1) Civil Penalty Authorized. In addition to any other enforcement authority provided for by law, the Board may, by order, at an administrative hearing assess a civil penalty against a property owner as provided for herein for failure to comply with an order issued by the Board pursuant to Section VII of this ordinance. (2) Showing Required. The civil penalty may be assessed if it shown at the administrative hearing that: (a) the property owner was notified of the contents of the order issued pursuant to Section VII of this ordinance; and (b) the property owner committed an act in violation of the order or failed to take an action necessary for compliance with the order. (3) Amount of Penalty. The civil penalty may be assessed in an amount not to exceed $1000.00 a day for each violation or, if the owner shows that the property is the owner's lawful homestead, in an amount not to exceed $10.00 a day for each violation. (4) Notice of Administrative Hearing. Not less than ten (10) days prior to the date on which the administrative hearing is set, the property owner shall be sent a notice of the hearing by certified mail/return receipt requested. The notice shall contain: (a) a copy of the order issued by the Board to Section VII of this ordinance; (b) a statement that the building official has determined that the property owner committed an act in violation of that order, or failed to take an action necessary for compliance with that order; (c) a statement that at the administrative hearing the Board may assess a civil penalty not to exceed $1000.00 a day for each violation or, if the owner shows that the property is the owners' lawful homestead, in an amount not to exceed $10.00 a day for each violation; and OR REMOVE CERTAIN DANGEROUS BUILDINGS (1) Securing of Unoccupied, Substandard Building. Notwithstanding any other provisions of this Ordinance the City may secure a building if the building official determines: (a) That the building violates the minimum standards set forth in Section IV above -,and (b) That the building is unoccupied or is occupied only by persons who do not have the right of possession to the building. (2) If Building Creates Immediate Danger. Notwithstanding any other provisions of this Ordinance, if the City Council finds that a building is likely to immediately endanger persons or property the City Council may: (a) Order the owner of the building, the owner's agent, or the owner or occupant of the property on which the structure is located to repair, remove, or demolish the structure, or the dangerous part of the structure, within a specified time; or (b) Repair, remove, or demolish the structure, or the dangerous part of the structure, at the expense of the municipality, on behalf of the owner of the structure or the owner of the property on which the structure is located, and assess the repair, removal, or demolition expenses on the property on which the structure was located. (3) Notice of Action. Before the eleventh (11th) day after the date the building is secured pursuant to Subsection XII(1) above, or action is ordered pursuant to Subsection XII(2)(a) above, or the building is repaired, removed or demolished pursuant to Subsection XII(2)(b) above, the building official shall give notice to the owner by: (a) Personally serving the owner with written notice; or (b) Depositing the notice in the United States mail addressed to the owner at the owner's post office address; or (c) Publishing the notice at least twice within a ten (10) day period in a newspaper of general circulation in the county in which the building is located, if personal service cannot be obtained and the owner's post office address is unknown; or (d) Posting the notice on or near the front door of the building if personal service cannot be obtained and the owner's post office address is unknown; and (e) In addition to the above, depositing notice in the United States mail to all lienholders and mortgagees who can be determined from a reasonable search of instruments on file in the office of the County Clerk. (4) Notice. The notice must contain: (a) An identification, which is not required to be a legal description, of the building and the property on which it is located; (b) A description of the violation of the minimum standards present in the building; (c) A statement that the city will secure or has secured, as the case may be, the building, or that the City has taken or will take the action ordered pursuant to special assessment and a lien against such property to secure payment thereof, together with ten percent (10%) interest on such amount from the date on which the work is performed. (3) Repair to Minimum Standards Only. In the event repair by the City is permitted by this Ordinance, tThe City may repair the building at its own expense and assess the expenses on the land on which the building stands or is attached to only to the extent necessary to bring the building into compliance with minimum standards. XI. SECTION RECOVERY OF COST OF SECURING, REPAIR, REMOVAL OR DEMOLITION (1) Itemized Account and Notice of Lien. The building official shall keep an itemized account of the expenses incurred by the City in the securing, repair, removal or demolition of any building pursuant to this Ordinance. Upon completion of the work, the Building Official shall prepare and file with the City Secretary a sworn account and Notice of Lien containing the following information: (a) The name and address of the owner if that information can be determined with a reasonable effort; (b) A legal description of the real property on which the building is or was located; (c) The type of work performed; and (d) The amount of expenses incurred by the city in performing the work and the balance due. (2) Notice Filed in County Records. The City Secretary shall file the Notice of Lien along with a copy of the order of abatement issued by the Board in the deed records of the county in which the premises are located. (3) Personal Obligation of Property Owner. The expenses incurred by the City as set forth in the sworn account of the building official shall be a personal obligation of the property owner in addition to a priority lien upon the property. The City Attorney may bring an action in any court of proper jurisdiction against the owner or property to recover the costs incurred by the City. (4) Lien Shall be Valid and Privileged. Upon filing of the Notice of Lien in the Deed Records of Tarrant or Denton County, Texas, the lien shall be valid against the property so assessed. The lien shall be privileged and subordinate only to tax liens and shall be paramount to all other liens. The lien shall continue until the assessment and all interest due and payable thereon has been paid. (5) Assessment Must be Paid. No utility service, building permit or certificate of occupancy shall be allowed on any such property until the assessment is paid and such lien is released by the City. (6) Release of Lien. After the expenses incurred by the City, as set forth in the sworn account of the building official, have been fully paid with interest of ten percent (10%) per annum from the date the work was performed, the building official shall execute a release of lien which shall be filed in the Deed Records of Tarrant or Denton County, Texas. XII. SECTION ADDITIONAL AUTHORITY TO SECURE CERTAIN SUBSTANDARD BUILDINGS PRIOR TO PUBLIC HEARING AND SECURE, DEMOLISH, REPAIR to require that the building be vacated. Notice to vacate shall be mailed by certified mail, return receipt requested to the occupant of the building and it shall be posted at or upon each entrance to the building and shall be in substantially the following form: "SUBSTANDARD BUILDING DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building or to remove or deface this notice. Building Official City of Southlake" (3) Remedial Action by City. Any repair or demolition work, or securing of the building shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided. Any surplus realized from the sale of such building, or from the demolition thereof, over and above the cost of demolition and cleaning of the lot, shall be paid over to the person or persons lawfully entitled thereto. (4) Failure to Obey Order. Any person to whom an order pursuant to Section VII is directed who fails, neglects or refuses to comply with such order shall be guilty of a misdemeanor and may be prosecuted in municipal court in addition to any other remedies available to the City provided herein. (5) Interference Prohibited. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City or with any person who owns or holds any estate or interest in the building which has been ordered repaired, vacated, demolished, removed or secured under the provisions of this Ordinance; or with any person to whom such building has been lawfully sold pursuant to the provisions of this Ordinance, whenever such officer, employee, contractor or authorized representative of the City, person having an interest or estate in such building, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing, removing or securing any such building pursuant to the provision of this Ordinance, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this Ordinance. (6) Permit Required. Any work of closure, repair, removal or demolition by the property owner or any lienholder or mortgagee or their agents must be performed pursuant to valid unexpired permits issued by the City. All permits issued pursuant to an order of the Board shall expire upon expiration of the time for compliance set forth in the order. X. SECTION PERFORMANCE OF WORK BY THE CITY (1) Procedure. When any work of repair, removal, demolition or securing is to be performed by the City pursuant to the provisions of any order of the City Council or the Board, the work may be accomplished by City personnel or by private contract as may be deemed necessary. Rubble and debris shall be removed from any premises and the lot cleaned if removal or demolition is ordered. The building or building materials may be sold if removal or demolition is ordered, and the proceeds shall be used to offset other costs of the work. (2) Costs. The cost of such work shall be paid from City funds and shall constitute a City Secretary. (3) Order Shall be Published. Within ten (10) days after the date the order is issued by the Board, the building official shall publish in a newspaper of general circulation within the City a notice containing: (a) The street address or legal description of the property; and (b) The date the hearing was held; and (c) A brief statement indicating the results of the order; and (d) Instructions stating where a complete copy of the order may be obtained. X SECTION ENFORCEMENT OF THE ORDER OF BUILDING BOARD OF APPEALS (1) If order not complied with, City may take action. If the building is not vacated, secured, repaired, removed or demolished within the time specified by the order, the City may vacate, secure, repair, remove or demolish the building or relocate the occupants at its own expense, provided however: (a) The City may not act to remove or demolish a building until after the Board has found: (i) That such defects or conditions exist to the extent that the life, health, property or safety of the public or the occupants of the building are endangered; and (ii) The building is infeasible of repair; or (iii) There is no reasonable probability that the building will be repaired within a reasonable period of time if additional time is given. (b) The city may only repair a building as provided herein to the extent necessary to correct the conditions which render the building dangerous, and may not act to repair a building unless: (i) The Board has made a determination that the building is likely to endanger person or property; and (ii) The building is a residential dwelling with ten (10) or fewer dwelling units. (c) In the event there are mortgagors or lienholders, the City may only repair, remove or demolish the building after allowing the lienholder or mortgagee an additional 30 days after the time prescribed in the order has expired to complete the required work. (d) Remedial action by the City does not limit the ability of a municipality to collect on a bond or other financial guarantee that may be required by Section VII(2)(d) of this Ordinance. (2) Posting of Notice to Vacate Building. If the order requires vacation or if compliance is not had with the order within the time specified therein, the building official is authorized hearing -land (ii) Establishes at the hearing that the work cannot be reasonably completed within ninety (90) days because of the scope and complexity of the work. (d) If the Board allows the owner, lienholder or mortgagee more than ninety (90) days to complete any part of the work required to repair, remove or demolish the building, the Board shall require the owner, lienholder or mortgagee to regularly submit progress reports to the building official to demonstrate that the owner, lienholder or mortgagee has complied with the time schedules established for commencement and performance of the work. The order may require that the owner, lienholder or mortgagee appear before the Board or the building official to: (i) demonstrate compliance with the time schedules; and (ii) if the owner, lienholder or mortgagee, owns property, including structures and improvements on property within the city's boundaries that exceeds $100,000, to post cash or surety bond or letter of credit or third party guaranty to cover the cost of the work ordered by the Board. (e) All orders of the Board must allow a lienholder or mortgagee at least 30 additional days to complete the ordered work in the event the owner fails to comply with the order within the time provided for action by owner, prior to remedial action by the City. (3) Contents of order. The order of the Board must contain at minimum: (a) An identification which is not required to be a legal description, of the building and the property on which it is located; and (b) A description of the violation of minimum standards present in the building, - and (c) A description of the ordered actions, including a statement that the owner may repair, if determined feasible by the Board, or demolish or remove at his option, - and (d) A statement that the City will vacate, secure, remove or demolish the building or relocate the occupants of the building if the ordered action is not taken within the time allowed, and charge the cost to the property; and (e) If the Board has determined that the building will endanger persons or property and that the building is a dwelling with 10 or fewer dwelling units, a statement that the city may repair the building and charge the costs to the property if the ordered action is not taken within the time allowed. Vill. SECTION NOTICE OF ORDER OF BUILDING BOARD OF APPEALS (1) Order Shall be Mailed. After the public hearing, the building official shall promptly mail, by certified mail, return receipt requested, a copy of the order to the record owner of the building, and each identified lienholder and mortgagee of the building. (2) Order Shall be Filed with City Secretary. Within ten (10) days after the date that the order is issued by the Board, the building official shall file a copy of the order in the office of the (e) Notice of the time and place of the public hearing- (f) A statement that if the building is found to be in violation of this Ordinance, the Board may order that the building be vacated, secured, repaired, removed or demolished within a reasonable time. (4) Additional Notice of Public Hearing. Prior to the public hearing, the City may file a copy of the notice mailed pursuant to Section (3) above in the official public records of real property in the county in which the property is located. If such notice is not filed of record, each identified mortgagee and lienholder must be notified of any abatement order issued by the Board at the public hearing, prior to any remedial action by the City. (5) Burden of Proof. At the public hearing, the owner, lienholder or mortgagee has the burden of proof to demonstrate the scope of any work that may be required to comply with the Ordinance, and the time it will take to reasonably perform the work. (6) Conduct of Public Hearing. At the public hearing, the owner of the building, and all other interested persons may make their appearance and be heard. Any evidence may be received and considered by the Board. The chairman of the Board, or in his absence, any officer designated by rules adopted by the Board to preside at meetings, shall preside and shall determine all questions of order. The hearing may be adjourned from day to day or continued upon a majority vote of the Board. VII. SECTION ORDER OF BUILDING BOARD OF APPEALS (1) Findings of the Board. If the Board, by a majority vote, finds upon evidence presented at the public hearing that the building is in violation of standards set out in Section IV, the Board may order that the building be repaired, vacated, removed or demolished, secured, or the occupants relocated, by the owner, mortgagee or lienholder within a reasonable time as provided herein. (2) Time Allowed to Complete Work. (a) The order must require the owner, lienholder or mortgagee of the building to within 30 days and the lienholder or mortgagee to within an additional 30 days if the owner does not comply: (i) Secure the building from unauthorized entry; and/or (ii) Repair, remove or demolish the building unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days. (b) If the Board allows the owner, lienholder or mortgagee more than thirty (30) days to repair, remove or demolish the building, the Board shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed, as determined by the Board. (c) The Board may not allow the owner, lienholder or mortgagee more than ninety (90) days to repair, remove or demolish the building or fully perform all work required to comply with the order unless the owner lienholder or mortgagee: (i) Submits a detailed plan and time schedule for the work at the (c) § 602.3 delete: "During the period from [date] to [date]"; and (d) § 602.4 delete : "During the period from [date] to [date]". V. SECTION DETERMINATION BY BUILDING OFFICIAL When the building official has inspected or caused to be inspected any building and has found and determined that the building is substandard, the building official may take any or all of the following actions, as he or she deems appropriate: (1) Issue notice to the record owner that the building is substandard and must be repaired or demolished; or (2) Issue citation(s) for violation(s) of this Ordinance; or (3) Secure the building if permitted by Subsection XII(1) below; or (4) Recommend to the Board that abatement proceedings be commenced pursuant to Section VI below. VI. SECTION PUBLIC HEARING FOR ABATEMENT OF SUBSTANDARD BUILDINGS (1) Commencement of Proceedings. When the building official has found and determined that a building is a substandard building, the building official shall commence proceedings to cause the repair, vacation, relocation of occupants, removal, demolition or securing of the building. (2) Public Hearing to be Held. Except when the City Council finds that a building is likely to immediately endanger persons or property, a public hearing before the Board shall be held to determine whether a building complies with the standards set out in Section IV above. If the City Council determines that the building constitutes an immediate danger, the procedures set forth in Section XII(2) shall be followed. (3) Notice. Not less than ten (10) days prior to the date on which the hearing is set, the building official shall issue a notice of the public hearing directed to the record owner of the building and to all mortgagees and lienholders. The city shall use diligent efforts to determine the identity and address of any owner, lienholder or mortgagee of the building through search the county real property records of the county in which the building is located; appraisal district records of the appraisal district in which the building is located, records of the Secretary of State; assumed name records of the county in which the building is located; tax records of the city; and utility records of the city. The notice shall contain: (a) The name and address of the record owner (b) The street address or legal description sufficient for identification of the premises upon which the building is located; (c) A statement that the building official has found the building to be substandard or dangerous, with a brief and concise description of the conditions found to render the building dangerous or substandard under the provisions of Section IV above. (d) A statement that the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the Ordinance, and the time it will take to reasonably perform the work. because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease for reasons including, but not limited to, the following: (i) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. (ii) Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. (iii) Lack of, or improper kitchen sink in a dwelling unit. (iv) Lack of hot and cold running water to plumbing fixtures in a hotel. (v) Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. (vi) Lack of adequate heating facilities. (vii) Lack of, or improper operation of, required ventilating equipment. (viii) Lack of minimum amounts of natural light and ventilation required by this code. (ix) Room and space dimensions less than required by this code, the Building Code, or the Housing Code. (x) Lack of required electrical lighting. (xi) Dampness of habitable rooms. (xii) Infestation of insects, vermin or rodents. (xiii) General dilapidation or improper maintenance. (xiv) Lack of connection to required sewage disposal system. (xv) Lack of adequate garbage and rubbish storage and removal facilities. (3) Chapters 3 through 7 of the 2003 Edition of the International Property Maintenance Code, published by the International Code Council, Inc. attached hereto and incorporated herein for all municipal purposes and as amended herein, are hereby adopted by the City Council of the City of Southlake to the extent they do not conflict with other provisions of this Ordinance. For purposes of this Ordinance, any building, regardless of its date of construction, which exists in violation of Chapters 3 through 7 of the International Property Maintenance Code to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building and a nuisance. The International Property Maintenance Code is amended as follows: (a) § 302.4 delete; (b) § 304.14 delete: "During the period from [date] to [date]"; thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. (e) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. (f) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. (g) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. (h) Whenever the building, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse. (i) Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. Q) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. (k) Whenever the building, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 or more percent damage or deterioration of its non -supporting members, enclosing or outside walls or coverings. (1) Whenever the building has been so damaged by fire, wind, earthquake, flood or other causes, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; or, (b) a harbor for vagrants, criminals or immoral persons. (m) Whenever any building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building provided by the building regulations of this jurisdiction, as specified in the Building Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. (n) Whenever any building which, whether or not erected in accordance with all applicable laws and ordinances, has in any non -supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength, (b) fire -resisting qualities or characteristics, or (c) weather -resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. (o) Whenever a building, used or intended to be used for dwelling purposes (b) Whenever any building, regardless of its structural condition, is unoccupied by its owners, lessees or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children. (c) Any building that is boarded up, fenced or otherwise secured in any manner if: (i) The building constitutes a danger to the public even though secured from entry; or (ii) The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by Section IV(1)(b) above. (d) Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. (e) Whenever any building is in such a condition as to make a public nuisance known to the common law or in equity jurisprudence. (f) Whenever any portion of a building remains on a site after the demolition or destruction of the building. (g) Whenever any building is abandoned so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (h) Any building constructed and still existing in violation of any provision of the Building Code, Fire Code, Life Safety Code, Plumbing Code, Mechanical Code, Electrical Code, er--Housing Code, or International Property Maintenance Code of the City of Southlake to the extent that the life, health or safety of the public or any occupant is endangered. (2) For the purposes of this ordinance, any building, regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building, and a nuisance: (a) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. (b) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. (c) Whenever the stress in any materials, or members or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. (d) Whenever any portion thereof has been damaged by fire, earthquake, wind flood or by any other cause, to such an extent that the structural strength or stability adopted for the implementation of this Ordinance. SECTION ENFORCEMENT (1) General. (a) Administration. The building official is hereby authorized to enforce the provisions of this Ordinance. The building official shall have the power to render interpretations of this Ordinance and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this Ordinance. (b) Inspections. The building official and the fire marshal or their designees are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this Ordinance. (c) Right of Entry. When it is necessary to make an inspection to enforce the provisions of this Ordinance, or when the building official or his designee has a reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this Ordinance which makes the building or premises unsafe, dangerous, or hazardous, the building official or his designee may enter the building or premises at reasonable times to inspect or perform the duties imposed by this Ordinance, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official or his designee shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. (2) Abatement of Dangerous or Substandard Buildings. All buildings or portions thereof which are determined after inspection by the building official to be dangerous or substandard as defined by this Ordinance are hereby declared to be public nuisances and shall be abated by repair, vacation, demolition, removal or securing in accordance with the procedures specified in this Ordinance. (3) Unlawful to Violate Ordinance. It shall be unlawful for any person, firm or corporation to erect, construct, or use, occupy or maintain any building that is deemed herein to be a nuisance or cause or permit the same to be done in violation of this Ordinance. (4) Inspection Authorized. All buildings within the scope of this Ordinance and all construction or work for which a permit is required shall be subject to inspection by the building official. IV. SECTION SUBSTANDARD BUILDINGS DECLARED (1) For the purposes of this Ordinance, any building, regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described shall be deemed to be a substandard building, and a nuisance: (a) Whenever any building is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare in the opinion of the Building Official. this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION PURPOSE, SCOPE AND TITLE (1) Purpose. It is the purpose of this Ordinance to provide a just, equitable and practical method, to be cumulative with and in addition to any other remedy provided by the Building Code, Electrical Code, Fire Code, Mechanical Code, Plumbing Code, International Property Maintenance Code, Chapter 214 of the Local Government Code, or otherwise available at law, whereby buildings, as defined herein, which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants and may be required to be repaired, vacated, demolished, removed or secured. (2) Scope. The provisions of this Ordinance shall apply to all buildings which are hereinafter defined as dangerous or substandard buildings whether now in existence or whether they may hereafter become dangerous or substandard. (3) Title. This Ordinance shall be known as the Property Maintenance Ordinance and may be cited and referred to as such. II. SECTION DEFINITIONS (1) Building means and includes any building, fence, awning, canopy, sign, shed, garage, house, tent or other structure whatsoever and the enumeration of specific types of structures shall not be deemed to exclude other types of structures to which the sense and meaning of the provisions hereof in context reasonably have application. (2) Building Code is the Building Code, as adopted and amended by the City of Southlake. (3) Building Official means the person designated by the City Manager to enforce this Ordinance. (4) Fire Code is the Fire Code, as adopted and amended by the City of Southlake. (5) Plumbing Code is the Plumbing Code, as adopted and amended by the City of Southlake. (6) Mechanical Code is the Mechanical Code, as adopted and amended by the City of Southlake. (7) Electric Code is the Electrical Code, as adopted and amended by the City of Southlake. (8) Housing Code is the Housing Code, as adopted by the City of Southlake. (9) Building Board of Appeals (sometimes referred to as "the Board") is the Board created by Ordinance No. 622, as amended. Additionally, the definitions contained in Chapter 2, Section 2.01 and 2.02 of the 2003 Edition International Property Maintenance Code, promulgated by the International Code Council are hereby Property Maintenance Ordinance ORDINANCE NO. 876 AN ORDINANCE AMENDING REGULATIONS APPLICABLE TO SUBSTANDARD AND DANGEROUS BUILDINGS; PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR A CIVIL PENALTY; PROVIDING THAT THIS ORDINANCE SHALL NOT LIMIT THE AUTHORITY OF THE CITY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Southlake is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Southlake has previously adopted Ordinance No. 697 establishing standards for substandard buildings; and WHEREAS, the city council have desires to update, revise and clarify the standards and regulations that apply to substandard buildings in conformance with legislative amendments, and to provide for civil penalty as permitted by law; and WHEREAS, the City Council of the City of Southlake deems it necessary to adopt this ordinance providing minimum standards to safeguard the health, property and welfare of the citizens of Southlake by regulating and controlling the use, occupancy, maintenance, repair, vacation, removal, demolition, and abatement of substandard or dangerous buildings within the City of Southlake; and WHEREAS, Chapter 214 of the Local Government Code authorizes a municipality to regulate substandard buildings and establishes procedures thereof; and WHEREAS, the International Property Maintenance Code establishes minimum standards for residential and nonresidential structure; and WHEREAS, it is the intention of the City Council of the City of Southlake to establish minimum standards for the continued use and occupancy of all buildings regardless of the date of their construction and to provide for the giving of proper notice to the owner of a building and to provide for a public hearing to determine whether a building complies with the standards set out in PASSED AND APPROVED ON FIRST READING THIS DAY OF 2004. ATTEST: MAYOR CITY SECRETARY PASSED AND APPROVED ON SECOND READING THIS DAY OF . 2004. ATTEST: APPROVED AS TO FORM AND LEGALITY: MAYOR CITY SECRETARY City Attorney Date EFFECTIVE: PROCEDURES FOR ABATEMENT PROCEDURES FOR THE ABATEMENT OF DANGEROUS BUILDINGS per Ordinance No. 615 If the Building is determined to be an IMMEDIATE THREAT to the life, safety, and welfare of the public, (see PROCEDURES FOR IMMEDIATE THREAT BUILDINGS) Request research for all lienholders or mortgagees for the property in question. Recommend to the Board that abatement proceedings be commenced. Set Date for Public Hearing to be held before the Board to determine whether a building complies with the standards set out in Section IV of Ord.615. (DATE has to fall where you have at least 2 weeks prior to PH to notify the owner.) Deliver Agenda and Packet information to Board. 10 days or more prior to the DATE set for the Public Hearing, Notify the record owner and all lienholders or mortgagees of the Public Hearing. See Section VI, page 7 for what the notice shall contain. Prior to the Public Hearing file a copy of the notice mailed to the record owner in the Official Public Records of Real Property in the County in which the property is located. The Board determines at the P.H. time allowed to Complete Work and the Contents of the Order. (See Section VII.) (30 days are allowed to the property owner, but may be extended to 90 days if proven necessary) Note: If the Order is not complied within specified time, approval can be given to the City to take immediate action if stated within the same Order per City Attorney Betsy Elam. (see Section IX) Mail the Order promptly after PH certified, return receipt to the record owner, and each identified lienholder and mortgagee of the building. File the Order with the City Secretary within 10 days after the date the Order is issued by the Board. Publish the Order within 10 days after the date the order is issued see Section VIII, (3). Post Notice to vacate building and Mail certified, return receipt requested to the OCCUPANT of the building and it shall be posted at or upon each entrance to the building. (see Section IX, (2). City performance and Cost Recovery (see Sections X and XI). After the Building Official has determined the building is an Immediate Threat: Research of Property Owner, Lienholders, Mortgagees Secure Building. (see Sec.XII, (1).) (B.O. has authority to secure building if deemed an immediate threat.) Place on City Council Agenda for approval to (2) a. or b. (See Sec.XII (2).) Prior to the date set for the Council Meeting, give remonable notice to the property owner of thq date the meeting will be held saying that the building has been determined to be an immediate endanger to persons and property and it has been secured and may be ordered to be demolished and removed. Notification of Owner is required within 10 days after the DATE the City Council gives an order as stated in Sec. XII (2) a. or b., notify owner. (see Sec.)UI (3) and (4).) The Owner of the property may file a written request for a hearing within 30 days AFTER the DATE.the City has taken action. If hearing requested it shall be held within 20 days AFTER the REQUEST IS FILED. (see Sec. XII, (5).) City Cost Recovery. (see Sec. )UI, (6) and Sec. X.) PROCESS OF ORDER CONTENTS OF ORDER per Ord. No. 615 The ORDER of the Board must contain at minimum: 1. An identification which is not required to be a legal description. of the building and the property on which is located. 2. A description of violations found in the building. (refer to the Building Official's Substandard Buildings Inspection Report dated ) 3. A description of the ordered actions, including a statement that the owner may repair, if feasible, or demolish or remove at this option. 4. A statement that the City will vacate, secure, remove or demolish the building and cleanup at it's own expense and/or relocate the occupants of the building if the ordered action is not taken within the time allowed. All expenses assessed by the City will be a personal obligation of the property owner and to secure payment, a priorty lien shall be placed on the property. 5. If the Board has determined that the building will endanger persons or property, or if the building is a dwelling with 10 or fewer dwelling units, a statement that the city may repair the building and charge the costs to the property if the ordered action is not taken within the time allowed. PROCESS TIME -AFTER AN ORDER IS GIVEN from the Building Board of Appeals for BUILDINGS CONSIDERED TO BE SUBSTANDARD SUBSTANDARD BUILDINGS - Depending on the Order of the Board, the process for substandard buildings could take approximately 6-8 weeks or as long as 3-4 months after the order is given. A Public Hearing shall be held by the Board of Appeals The Properly Owner, Lienholders, Mortgagees are notified to attend. The Board shall order the repair, securing, demolition and/or removal of a building considered to be Substandard. If the order is presented; "that the building is likely to endanger persons or property; and is infeasible of repair; therefore, it is hereby ordered that the property owner has 30 days to demolish and remove the structure. * And, if compliance of this order is of within the specified 30 days_ the City could take remedial action to demolish remove and cleanup at its own expense A priority lien shall be placed upon the property to secure payment and the all cost assessed will be against the property owner." (This action could take up to 6-8 weeks after the order is given.) 1' If the order is presented to the owner of the property to repair, demolish and/or remove the building within the 30 days and if the owner presents evidence that it would take longer than 30 days, the Board can order an extension of no more than 90 days. Then if not complied within that time the City can take action. (This action could take up -to 3-4 months after the order is given) Please Note * This statement needs to be stated in the motion of the order, so the City will have legal recourse to proceed if the owner doesn't comply. City of Southlake, Texas PROCESS TIME -AFTER AN ORDER IS GIVEN for BUILDINGS CONSIDERED TO BE AN IMMEDIATE DANGER I]`dMEDIATF TURF AT B m nTNf C - Depending on the Order given by the Council, action :,ould be seen, as soon as, 2 weeks after the order is given. The Building Official can order the immediate securing of a building if deemed an immediate threat. A Public Hearing is not required; however, a Regular Council Meeting is required for the Council to order an action dealing with a building considered to be an immediate threat. Also, it is not required to notify owners, lienholders, mortgagees to attend this meeting. The City is required to notify the owner of the order given by the Council within 10 days after the order is given or action is taken. Because of the constitutional right of due process, the owner may file a written request to be heard within 30 days after the date the City has taken action. This action could possibly set the City up for a suit, because it's done after the fact. If the City Council gives the order for the City to take action, we could see results as soon as two weeks from the date of that order. Of course, this depends on who we contract to do the work. NOTICES NOTICE OF PUBLIC HEARING TO BE HELD BEFORE THE BUILDING BOARD OF APPEALS ON , , 1995 AT 7:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT SOUTHLAKE CITY HALL. Name and Address of Record Owner: According to the records of Tarrant County Appraisal District, you are the owner of property described as: Please be advised that on the Building Official of the City of Southlake has found and determined that a building located on the above described property is substandard and proceedings shall commence to cause the repair, vacation, relocation of occupants, removal, demolition or securing of the building. Attached please find a copy of the Substandard Building Inspection Report dated , describing the conditions found to render the building substandard or dangerous under the provisions of the Uniform Building Code set forth in Ordinance No. 615, Section IV. A Public Hearing will be held before the Building Board of Appeals to determine whether the building/structure located at the above described property complies with the standards set out in Ordinance No. 615, Section IV. According to Ordinance No. 615, Section VI, (d) the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the Ordinance, and the time it will take to reasonably perform the work. If the building is found to be in violation of this Ordinance, the Board may order that the building be repaired, vacated, removed or demolished, secured, or the occupants relocated, by the owner, mortgagee or lienholder within thirty days (30 days). If the Order given to the owner, mortgagee, or lienholder is not complied within the allowed time, the Board may order the City to vacate, secure, remove or demolish the building or relocate the occupants of the building. The expenses incurred by the City shall be a personal obligation of the property owner in addition to a priority lien being placed upon the property to secure payment. If you should have any questions regarding this notice, or you are not the owner, mortgagee, or lienholder please call the office of the Building Official or the Code Enforcement Officer at 817/481- 5581. attachment: Substandard Buildings Inspection Report dated -ItY UI wuuIICIMU, texas Date Name Address State According to the records of Tarrant County Appraisal District, you are the last record owner of property described as: Please be advised that on the City Council of the City of Southlake has found and determined that the buildings) located on property described as constitutes an immediate danger and threat to the life, health, property, safety or welfare of the general public. The building(s) will be secured, as well as; one of the following actions will be taken. Ordinance No. 615, Section XII, (2) states that the City Council may: (a) Order the owner of the building, the owner's agent, or the owner or occupant of the property on which the structure is located to repair, remove, or demolish the structure, or the dangerous part of the structure, within a specified time; or (b) Repair, remove, or demolish the structure, or the dangerous part of the structure, at the expense of the municipality, on behalf of the owner of the structure or the owner of the property on which the structure is located, and assess the repair, removal, or demolition expenses on the property on which the structure was located. A copy of the Substandard Building Inspection Report dated that determines the building an immediate endangerment under the provisions of the Uniform Building Code set forth in Ordinance No. 615, Section IV is enclosed. You are entitled to request a hearing about any matter relating to the City's securing, removing, demolishing or repairing of the building. This request must be submitted and filed with the City of Southlake in writing within thirty (30) days from the date of this notice. If you should have any questions regarding this notice, please call the office of the Building Official or the Code Enforcement Officer at 817/481-5581. SUBSTANDARD INSPECTION REPORT PROPERTY ADDRESS/LOCATION: SUBSTANDARD BUILDINGS INSPECTION REPORT DATED ORDINANCE NO. 615 AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE To DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION IV. SUBSTANDARD BUILDINGS DECLARED For the purposes of this Ordinance, any building, regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described shall be deemed to be.a substandard building: (1) Any building that is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare. (2) Any building -that, regardless of its structural condition, is unoccupied by its owners, lessees orother invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children. (3) Any building that is boarded up, fenced or otherwise secured in any manner (a) The building constitutes a danger to the public even though secured from entry; or 1 of 4 (b) The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by Section I V(2) above. (4) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. (5) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. (6) - Whenever the stress in any materials, or members or portion thereof, due to all dead and live .loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. (7) Whenever any portion thereof has been damaged by fire, earthquake, wind flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. (8) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. (9) Whenever any portion of . a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building - Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. (10) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. (11) Whenever the building, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse. (12) Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. 2 of 4 (13) , Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. (14) Whenever the building, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting memberor members, or 50 or more percent damage or deterioration of its non -supporting members, enclosing or outside walls or coverings. (15) Whenever the building has been so damaged by fire, wind, earthquake, flood or other causes, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; or, (b) a harbor for vagrants, criminals or immoral persons. (16) Whenever any building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building provided by the building regulations of this jurisdiction, as specified in the Building Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. (17) Whenever any building which, whether or not erected in accordance with all applicable laws and ordinances, has in any non -supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength, (b) fire -resisting qualities or characteristics, or (c) weather -resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. (18) Whenever a building, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. for reasons including, but not limited to, the following: (a) Lack .of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. (b)- Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. (c) Lack of, or improper kitchen sink in a dwelling unit. hotel. (d) Lack of hot and cold running water to plumbing fixtures in a (e) Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. (f) Lack of adequate heating facilities. 3 of 4 (9) Lack of, or improper operation of, required ventilating equipment. (h) Lack of minimum amounts of natural light and ventilation required by this code. (i) Room and space dimensions less than required by this code the building code. (j) Lack of required electrical lighting. (k) Dampness of habitable rooms. (1) Infestation of insects, vermin or rodents. (m) General dilapidation or improper maintenance. (n) Lack of connection to required sewage disposal system. (o) Lack of adequate garbage and rubbish storage and removal facilities. (19) Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. (20) Whenever any building is in such a condition as to make a public nuisance known to the common law or in equity jurisprudence. (21) Whenever any portion of a building remains on a site after the demolition or destruction of the building. (22) Whenever any building is abandoned so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (23) Any building constructed and is still existing in violation of any provision of the Building Code or Uniform Fire Code of the City of Southlake. INSPECTED BY: DATE: INSPECTED BY: DATE: 4 of 4 CITY OF SOUTHLAKE BUILDING INSPECTIONS'`° FENCE PERMIT APPLICATION' Address: Subdivision: Block: Lot: I Owner: 15,44 ,4fZ 1- CH12.1 Ci-t Phone: l K I %) Contractor: Phone: AJ r4= FENCE TYPE: Check all that apply Value: Perimeter Fence 6 ft. - 8ft. Pool Barrier* Retaining Wall** NOTE: ANY FENCE OVER 6 FEET REQUIRES A PERMIT * Pool Barriers must meet all requirements shown in Pool Barrier Guidelines. (See attached) ** Retaining walls and masonry fences or columns 48 inches or more from bottom of footing require a sealed engineered design. SET -BACK FROM PROPERTY LINE: Perimeter fences over 8 ft. in height and less than 10 feet from property line require a variance from ZBA. Fences at least 10 ft. inside property line may be up to 14 ft. before a variance is required. HEIGHT OF FENCE FT i Describe fence material, height, and location (attach a site plan) Signature: U NI IZ G-. Date: All construction activities shall meet the requirements of the Tree Preservation and all other City Ordinances regulating construction. Reviewed and Released for Construction Date BUILDING INSPECTIONS, 1400 Main St., Ste. 250, SOUTHLAKE, TX 76092 Phone:817-748-8237 Fax:817-748-8241 www.ci.southlake.tx.us Revised:July 2010 f-E-kc-' f 150 FENCE/BARRIER REQUIREMENTS 2006 International Residential Code as adopted by Ordinance 937. AG105.2 Outdoor swimming pool. An outdoor swimming pool, including an in -ground, aboveground or on -ground pool, hot tub or spa shall be provided with a barrier which shall comply with the following: AG105.1 Application. The provisions of this chapter shall control the design of barriers for residential swimming pools, spas and hot tubs. These design controls are intended to provide protection against potential drowning and near drowning by restricting access to swimming pools, spas and hot tubs. AG105.2 Outdoor swimming pool. An outdoor swimming pool, including an in -ground, above -ground or on -ground pool, hot tub or spa shall be surrounded by a barrier which shall comply with the following: 1. The top of the barrier shall be at least 48 inches (1219 mm) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an above -ground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches (102 mm). 2.Openings in the barrier shall not allow passage of a 4-inch-diameter (102 mm) sphere. 3. Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. 4. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 13/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 13/4 inches (44 nun) in width. 5. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall not exceed 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 13/4 inches (44 mm) in width. 6. Maximum mesh size for chain link fences shall be a 1/4-inch (57 mm) square unless the fence has slats fastened at the top or the bottom which reduce the openings to not more than 13/4 inches (44 mm). 7. Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than13/4 inches (44 mm). 8. Access gates shall comply with the requirements of Section AG 105.2, Items 1 through 7, and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self -closing and have a self -latching device. Gates other than pedestrian access gates shall have a self -latching device. Where the release mechanism of the self -latching device is located less than 54 inches (1372 mm) from the bottom of the gate, the release mechanism and openings shall comply with the following: 8.1. The release mechanism shall be located on the pool side of the gate at least 3 inches (76 mm) below the top of the gate; & 8.2. The gate and barrier shall have no opening larger than 1/2 inch (13 mm) within 18 inches (457 mm) of the release mechanism. 9. Where a wall of a dwelling serves as part of the barrier, one of the following conditions shall be met: 9.1. The pool shall be equipped with a powered safety cover in compliance with ASTM F 1346; or 9.2. Doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and/or its screen, if present, are opened. The alarm shall be listed in accordance with UL 2017. The audible alarm shall activate within 7 seconds and sound continuously for a minimum of 30 seconds after the door and/or its screen, if present, are opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as touch pad or switch, to temporarily deactivate the alarm for a single opening. Deactivation shall last for not more than 15 seconds. The deactivation switch(es) shall be located at least 54 inches (1372 mm) above the threshold of the door; or 9.3. Other means of protection, such as self -closing doors with self -latching devices, which are approved by the governing body, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by Item 9.1 or 9.2 described above. 10. Where an above -ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps: 10.1. The ladder or steps shall be capable of being secured, locked or removed to prevent access; or 10.2. The ladder or steps shall be surrounded by a barrier which meets the requirements of Section AG 105.2, Items 1 through 9. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch- diameter (102 mm) sphere. AG105.3 Indoor swimming pool. Walls surrounding an indoor swimming pool shall comply with Section AG105.2, Item 9. AG105.4 Prohibited locations. Barriers shall be located to prohibit permanent structures, equipment or similar objects from being used to climb them. AG105.5 Barrier exceptions. Spas or hot tubs with a safety cover which complies with ASTM F 1346, as listed in Section AG 107, shall be exempt from the provisions of this appendix. Rcvised:July 2010 L= - LOP, IEII; � I I i CI Im 3 .o.....o .o... o o.. o.....o o.....a ..o... o.. o.....o o.....o .o... o ..o. o.....a] ..o... * o Q Q DE? 0 D D D D D D Q Q L? L? D E) a r v rn T c r rn n v v W rn v v r rn N C j O (n m m < > m C x Q m d Ol t11 7 O 7c O .. 7 7 n N 0 O m m a O. O 3 p_ N 7 7 X n m 10 m 7 `� �'a 0 ry m is �' w m < °' m ci 41 Z r n 3 O n m m O o m n o °r m < m co 7r ti (� o `° n o n rt � a ry 3 < o p `° N rn o O r O O ° m ^ m m m < m m _ Q O m i — p O 2 0 m -1 y O a)a o m 0 a O �c C m=m M -n ubi co N O @ n• (D O C fA « N Ot `< E y a c o mo cn cW 0 3 C 3 O Q; f�D O m N 3 Ln m d mm � < W CA O. iv .r 3 r► ;Ln j o D Om H n N D m p m o v p CC �•s 6 3 pCj U ci CD O �m 3 O = > 6 CCD co O O 3 a Ap =r m n m a = O D r. C. m co a o EnCD c m C. C. _ cn y o rt W rs m N n C C. w <D C. !� < m m z 0 n Avg 00 > cn ym O n r X D 'O G O N E = r Ca'-� j 3 3 N (a 0 m a cn a n m '^ ,� o 3 0 a n v 3 v0 N A < N ' - p N N d a p� O N Q (D ul 0 N C. 0 3 O CD3 p=j n y D 3 Grade DIAGRAM IS FOR ILLUSTRATION PURPOSES. SEE CODE TEXT FOR COMPLETE INSTALLATION REQUIREMENTS. 4 W. WX CLEARANCE 00 Ml EN VERT"L MMERS •a i orft i itaol+a2Umm. Latch may be located on the inside or outside Horizontal members shall be 45" apart or located oa the pool side Of the fence. #igu A�slA5.212) PftlVATE $WiillMdiC3 pflOL BARRIER Ct5kMUCfiflil If latch is less don 54" above latch shall be located on the a bates shall have-r Spaces between members shall not self -closing hardware allow the passage of a 4" sphae, and opm otmud Bahia shall be a tttinitmnm of 48" above finished Revised:July 2010 �J SECTION 39 SCREENING AND FENCING (As amended by Ordinance No. 480-HH) (As -amended by Ordinance No. 480-LL) (As amended by Ordinance No. 480-UU) (As amended by Ordinance No. 480-UUU) 39.1 GENERAL - Except as otherwise provided in this ordinance, fences, walls, and hedges may be permitted in any zoning district, in any required yard, or along the edge of any yard as a screening, decorative or containment element not to exceed eight (8) feet in height, provided the following shall be observed: a. At Intersections - On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow except in accordance with the site triangle provision as defined in the Subdivision Ordinance No. 483 as now existing or hereafter amended. b. At Interior Lots - On an interior lot in any district nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision or in any way create a traffic hazard to motorists, whether the impediment includes entering or exiting any public highway, street, alley, or private street or driveway from or to adjacent private property. 39.2 FENCING STANDARDS a. Fencing, as herein referred, shall mean any construction or hedge greater than thirty (30) inches in height and of any material, the purpose of which is to provide protection from intrusion (both physical and visual), to prevent escape, mark a boundary, or provide decoration. A wall shall be considered a fence. Dikes and restraining wall for the purpose of retaining soil are not classified as a fence. b. Acceptable materials for fencing and decorative posts include but are not limited to: brick, stone, masonry; synthetic materials; natural and treated woods; ornamental metal or wrought iron; decorative aluminum or metal having a factory applied non-metallic matte finish, and chain link. (1) PVC and other synthetic materials used for both residential and commercial fencing applications shall meet the minimum quality standards set forth in the ordinance. (2) Chain link shall only be permitted in 1-1, 1-2, and B-2 zoning districts. (3) Corrugated metal panels or materials having similar properties shall not be permitted. • c. Barbed wire fences may be used without restrictions when in conjunction with agricultural and related activities; provided, however, no barbed wire fence shall 39-1 be located on any platted property lattedwhich is zoned for single family residential • use. d. Electric fences and fence charging devices (UL approved only) are allowed only in conjunction with agricultural and related activities for the purposes of containing horses and livestock, or for the security of crops grown on the premises, and shall be plainly labeled for ease of identification. 39.3 SCREENING STANDARDS a. Screening, as herein referred, shall mean a fence, wall, dense evergreen hedge or other device which is opaque, made of durable material, and without holes, penetrations, or other openings other than those required for passage, and which is designed to prevent persons from seeing through. b. A screening device may be constructed solely of masonry, wood, or concrete, in combination with each other or with a metal frame. C. Any dense hedge or plant material may be used as screening provided it is landscaped and is properly maintained in a healthy growing condition. d. Landscaped earth berms may be used as screening when approved by the • Administrative Official. e. A screening device shall be eight (8) feet in height unless otherwise specifically permitted or required by this ordinance, or unless approved as a variance by the City Council in its consideration of a concept plan, development plan, site plan or a specific use permit or unless otherwise approved by the Board of Adjustment. The height of a screening device shall be the vertical distance between the ground and the top of the device. (As amended by Ordinance No. 480-HH.) All mandatory or permissive screening shall be erected and maintained so as not to interfere with or obstruct the view of traffic or constitute a traffic hazard on any public or private street, alley or driveway. g. A chain link fence with slat inserts shall constitute an acceptable screening device only for properties zoned B-2, 1-1 and 1-2 which are not located adjacent to a residentially zoned lot, tract or lot having an occupied residential dwelling, and are not located adjacent to street rights -of -way. (As amended by Ordinance No. 480-HH.) h. Where the screening requirements prescribed by this section are in conflict with screening requirements which have been established by other provisions of this ordinance, the more stringent requirements shall apply. (As amended by Ordinance No. 480-HH). • 39-2