1996-01-22 / 1029 N. Kimball Ave Case No. 016 A . City of South lake,Texas 0FF1CIAL RECORD'
.NOTICE OF PUBLIC HEARING TO BE HELD BEFORE THE BUILDING BOARD OF APPEALS '
ON MONDAY,JANUARY 22, 1996 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. CLINTON BERRY&V.L. YEARGIN
121 HARMONY LANE
LAKE DALLAS, TX. 75065-3301
According to the records of Tarrant County Appraisal District,you are the owner of property described as:
TRACT 5A01, ABST. 525 OUT OF THE
SAMUEL FREEMAN SURVEY
LOCATED AT 1029 N. KIMBALL AVE., SOUTHLAKE, TX.
Please be advised that on 11/08/95_ 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
_11/08/95 ,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._016 Dated 11/08/95_.
I2226 091-[ O
•
THE STATE OF TEXAS
COUNTY OF TARRANT ACKNOWLEDGEMENT
EXECUTED THIS THE `D _DAY OF , 199 C .
r; k %
omitinpurp
1v jam-
` 33 Sandra L. LeGrand
s0 a City Secretary
iiiinutismitivAl
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the \0 day of
Cen t.�. ` , A.D. 199 6 .
(� O cJ
„,,,c c e.streks,
Notary Public in and for
State of Texas
My Co ission Expires:
* \eza_.. ce-t
7
RETURN DOCUMENTS TO:
".IN LINDA CARPENTER
*i'ty cif Sou'thlake �('.;, Notary Public
' d ` "1 �'! STATE OF TEXAS
�/o . n o ..` LeGra 4
't ty Secretaar R r�s;�i•��;Fa} My• Comm.Exp.09/22/97
667 North Caro'1 venue �'�''`' %'�1
"orthlake Texa AY"Y, ;
I2226 09141
SUBSTANDARD BUILDINGS
INSPECTION REPORT
CITY OF SOUTHLAKE, TEXAS 76092
667 NORTH CARROLL AVENUE
(817)481-5581 -FAX(817)488-5097
Property Address 1029 NORTH KIMBALL
Abost 525 Tract 5A1 Out of S. FREEMAN Survey
L - _ B - _ Sub-Division
Property Owner CLINTON BERRY
Property Occupant UNOCCUPIED
ORDINANCE NO. 615
Case No.016 Dated 11-08-95
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 '
12226 09142
STANDARD BUILDINGS
INSPECTION REPORT
CASE NO. 016 cont.
1 (1) Any building that is dilapidated, substandard, or unfit for human habitation and
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 invites 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 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.
./ 4/
(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.
2
12226 09143
STANDARD BUILDINGS
INSPECTION REPORT
CASE NO.016 cont.
(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.
3
i2226 09tt
STANDARD BUILDINGS
INSPECTION REPORT
CASE NO. 016 cont.
/(15) Whenever the building has been so damaged byfire, wind, earthquake, flood or
q ,
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.
v (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.
- (d) Lack of hot and cold running water to plumbing fixtures in a hotel.
4 I
I 2 2 2 6 0945_
SUBSTANDARD BUILDINGS
INSPECTION REPORT
CASE NO. 016 cont.
- (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.
(i) 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.
I
�/ (22) Whenever any building is abandoned'so as to constitute such building or portion
thereof an attractive nuisance or hazard to the'publie.
5
12226 0946
SUBSTANDARD BUILDINGS
INSPECTION REPORT
CASE NO. 016 cont.
(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.
ROGER STEWART, FIRE MARSHAL EXT. 737
DATE /c77
PAUL WARD, BUILDING OFFICIAL EXT. 755
�,w 0,Az
DATE IQ18 / (15
comments:
c:\appeals\inreport.016
6
12226 O9l7
D196007118
CITY SOUTHLAKE
667 N CARROLL AVE
C/O SANDRA LEGRAND
SOUTHLAKE, TX 76092
-WARN I N G-THIS IS PART- OF THE OFFICIAL RECORD--D 0 NOT DESTROY
I N D E X E D -- T A R R A N T COUNTY TEXAS
SUZANNE H E N D E R S O N -- COUNTY CLERK
OFFICIAL RECEIPT
T 0: CITY OF SOUTHLAKE
RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME
196085195 DR93 T000224 01/11/96 12 : 17
INSTRUMENT FEECD INDEXED TIME
1 D196007118 WD 960111 12 : 17 CG
I _
T O T A L : DOCUMENTS: 01 F E E S: 23. 00
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.
i 2226 09148
City of Southlake,Texas
, 0
ORDER OFFICIAL RECORD
OF THE SOUTHLAKE
BUILDING BOARD OF APPEALS
CASE NO. 016
TO: Mr. Clinton Berry and Virginia Yeargain
121 Harmony Lane
Lake Dallas, Texas 75065-3301
DATE: January 22, 1996
WHEREAS, a public hearing was held on January 22, 1996 before the Southlake Building Board of
Appeals ("Board") regarding structures present on Tract 5A1, Abstract 595 out of the S. Freeman Survey, located
at 1029 North Kimball Road in Southlake, Texas; and
WHEREAS, the city has exercised its best efforts to ascertain all owners, lien holders and mortgages of
the property and the records of the office of the county clerk indicate that Mr. Clinton Berry and Virginia Yeargain
are the record owners of the buildings; and
WHEREAS, notice of the public hearing was mailed to the property owners 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 finds from evidence presented at the public hearing that the buildings are in
violation of the standards set forth in Ordinance No. 615 and that the defects or conditions exist to the extent that
the life, health, property or safety of the public are endangered and that the buildings are infeasible of repair.
NOW, THEREFORE, THE BUILDING BOARD OF APPEALS HEREBY ORDERS THAT the
structures located on property described as Tract 5A1, Abstract 595 out of the S. Freeman Survey, located at 1029
North Kimball Road in Southlake, Texas; be repaired in conformance with the requirements of the codes of the
City of Southlake or demolished and the debris removed from the property within thirty (30) days of the date of
this order. The owner may demolish or remove the structures at his option. The refrigerators on the premises must
be removed or made safe and the structures must be secured immediately. All utilities shall be disconnected
immediately except as necessary to effectuate the repairs. If the ordered action is not taken within the allotted time,
the city will remove or demolish the buildings and charge the cost to the property. If the city is not promptly
reimbursed from its expenses, the city will place a lien on the property for the amount owned.
•1 ' T_ „. ,,„
I .f,,• airmaake Building Board of Appeals
ATTEST:
OTh
/6, A e_..6-6-yai.,,, ........
CO
Secretary of the Building Board of Appeals ,`,t�ttuuu�nu,oe,�� —
®uTH[ °''��.
Filed 'n the Office of the ity Secretary onIP , 1996�.��'p�s''. �����`� F`�''
,/ i
City Secretary (Ni
q-'44,J,*n, sttotett
1
it
THE STATE OF TEXAS
COUNTY OF TARRANT ACKNOWLEDGEMENT
EXECUTED THIS THE . 0 DAY OF , 199 .
„omit iiiiiiiiiiiiii
4..40 .-..4.,_s Agitiait
�a� �) l'_4_ Sandra L. LeGrand
ej
/�' City Secretary
- u axiauu�°��°`°
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.
VE UNDER MY HAND AND SEAL OF OFFICE on this the 30t)day of
, A.D. 199 .
4 / idti
orP 6 KIM L. BUSH Not y Public m and for the
a �I Notary Public
f 4•, \.,,�6 STATE OF TEXAS S to of Texas
.';;' - My Comm.Exp.05/27/98
°:'.° .`TK^'.` My Commission Expires:
RETURN DOCUMENTS TO:
City of Southlake
c/o Sandra L. LeGrand
City Secretary
667 North Carroll Avenue
Southlake, Texas 76092
1 2 25 . I 3 2 0
•
D196024517
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 NOT DESTRO Y
I N D E X E D -- T A R R A N T . C O U N T Y TEXAS
SUZANNE H E N D E R S O N -- COUNTY CLERK
OFFICIAL RECEIPT
T 0: CITY OF SOUTHLAKE,
RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME
196107892 DR97 T000719 02/08/96 08 :54
INSTRUMENT FEECD INDEXED TIME
1 D196024517 WD 960208 08 :54 CG
T O T A L : DOCUMENTS : 01 F E E S: 11. 00
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.
I 275LL i '29