1995-03-27 / 521 W. Southlake Blvd. Case No. 007 City of Southlake,Texas
4 NOTICE OF PUBLIC HEARING TO BE HELD BEFORE THE BUILDING BOARD OF APPEALS
ON . MONDAY, MARCH 27TH , 1995 AT 7:00 P.M. IN THE COUNCIL CHAMBERS
LOCATED AT SOUTHLAKE CITY HALL, 667 NORTH CARROLL AVENUE, SOUTHLAKE,
TEXAS 76092.
ame and Address of Record Owner:
MR. M.C. ICENNEDY
8281 MARY BETH DIRVE •
WEST CHESTER, OH 45069-2618
According to the records of Tarrant County Appraisal District,you are the owner of property described as:
TRACT 2C,ABSTRACT 581 OUT OF
THE H. GRANBERRY SURVEY FURTHER
KNOWN AS: 521 W..SOUTHLAKE BLVD.
Please be advised that on 03/09/95 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 03/09/95 , 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. 007 Dated 03/09/95
19I0 1335
THE STATE OF TEXAS
COUNTY OF TARRANT ACKNOWLEDGEMENT
EXECUTED THIS THE /6 DAY OF 774441 , 199r.
•pvI , LgkF,
44e3j ' a .�����2i11
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.
GIVEN UNDER AMY HAND AND SEAL OF OFFICE on this the of
day of
f/_6(4 ejc, , A.D. 199
otiPAv °oe( KIM L.BUSH
I, Notary Public Notary ublic in and for the
* 1
* STATE OF TEXAS State o Texas
. My Comm.Exp.05/27/98
•
My Commission Expires:
RETURN DOCUMENTS TO:
City of Southlake
do Sandra L. LeGrand
City Secretary
667 North Carroll Avenue
Southlake, Texas 76092
11I9I0 1336
•
•
•
/ SUBSTANDARD BUILDINGS
INSPECTION REPORT
CITY OF SOUTHLAKE, TEXAS 76092
667 NORTH CARROLL AVENUE
(817) 481-5581 - FAX (817) 488-5097
PROPERTY ADDRESS 521 WEST SOUTHLAKE BLVD. (FM 1709) •
ABST 581 TRACT 2C out of H. GRANBERRY . SURVEY
L - B - SUB DIVISION
PROPERTY OWNER
PROPERTY OCCUPANT
ORDINANCE NO.' 615
CASE NO. 007
DATED 03/09/9`5
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 hurlian habitation
and a hazard to the public health, safety and welfare. j
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
} J. 910 1337
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,1 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 'Cvorking stress or stresses
allowed in the Building Code for new buildings of similar structure, purpose or location. •
(7) Whenever anyportion thereof has been damaged byfire, earthquake, wind
g Q ,
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 4 removal, movement or.•.instability of .
2
• [Pi, 9I0 I 3 3 8
.
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 ifnmoral 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
i : 910 1339
•
T
• (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.
(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 _til 9:I 0 1340
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D195046691
CITY SOUTHLAKE
667 N CARROLL AVE
SANDRA LEGRAND
SOUTHLAKE, TX 76092
-WARNING-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT DESTRO Y
I N D E X E D -- T A R RANT 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
195136170 DR91 T000224 03/20/95 13:21
INSTRUMENT FEECD INDEXED TIME
1 D195046691 WD 950320 13 :21 CG
T O T A L : DOCUMENTS: 01 F E E S: 21.00
B Y: )41111
ANY PR•VISION 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 i
i -
1910 10142
A •
• City of Southlake,Texas
ORDER, OFFICIAL RECORD
1� OF THE SOUTHLAKE
BUILDING BOARD OF! APPEALS
CASE NO. 007
TO: M.C. Kennedy
DATE: March 27, 1995
WHEREAS, a public hearing was held on March 27, 1995 before the Southlake Building
Board of Appeals ("Board") regarding structures present on Tract 2C, Abstract 581 out of the
H.Granberry Survey further known as 521 W. Southlake Blvd. in Southlake, Texas; and
WHEREAS, the records of the office of the county clerk indicate that M.C. Kennedy 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 fords 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 fords that the buildings are infeasible of repair.
1
NOW, THEREFORE, THE BUILDING BOARD OF APPEALS HEREBY ORDERS
THAT all structures including the storm cellar located on Tract 2C, Abstract 581 out of the H.
Granberry Survey further known as; 521 W. Southlake!Blvd. in Southlake, Texas be demolished
and the debris removed from the property, as well as, the high grass &weeds mowed 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 storm cellar, remove the debris 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.
C ir' man, o t a e Building Board of Appeals
. 920 0902.
•
, .•
t• ' j: ."
•
•
4 .
THE STATE OF TEXAS
COUNTY OF TARRANT ACKNOWLEDGEMENT
EXECUTED THIS THE 3 DAY OF afti.A0 , 199_
1,1Ht{IUtl11f„i,,,t
.•e``' F S 0 U T ,,,,,
ti;Ay0 ti�9�
koitit if kobutd)
r -+° Sandra L. LeGrand
t aka 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.
GIVEN UNDER MY HAND ANA SEAL OF OFFICE on this the T) day of
otc_:.5%.,LA , A.D. 1 �
5 Ca .
Notary Public in and folk
State of Texas
My Commiss'on Expires:
.VZ_ s�
RETURN DOCUMENTS TO:
City of Southlake
c/o Sandra L. LeGrand 8 ro.,�at „ LINDA CARPENTER
� � ,T.
Notary Public
City Secretary :, 4 �" STATE dF TEXAS
667 North Carroll Avenue °•° t' My Comm.Exp.03/22/97
Southlake, Texas 76092 .
111. 928 0903
.
.
/ SUBSTANDARD BUILDINGS
INSPECTION REPORT
CITY OF SOUTHLAKE, TEXAS 76092
667 NORTH CARROLL AVENUE
(817) 481-5581 - FAX (817) 488-5097
•
PROPERTY ADDRESS 521 WEST SOUTHLAKE BLVD. (FM 1709)
ABST 581 TRACT 2C out of H. GRANBERRY SURVEY
L - B - SUB DIVISION
PROPERTY OWNER
PROPERTY OCCUPANT
ORDINANCE NO.'615
CASE NO. 007
DATED 03/09/95
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 hutian habitation
and a hazard to the public health, safety and welfare. •
(2) Anybuildingthat, regardless of its structural condition, is unoccupied byits
�' � g P
owners, lessees or other invitees and is unsecured from unauthorized entry to the extent that
1
111. 928 0904
•
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 net 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 . .
• I
2
[I928 0905
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.
• )c (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
t 928 0906
(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.
,X (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 JI 920 0907
•
•
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C[t928 0908
L y .y •a 1
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D195057772
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 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
195151110 DR92 T003957 04/06/95 09 :54
i
1
INSTRUMENT FEECD INDEXED TIME
1 D195057772 WD 950406 09 :54 CG
1
T O T A • : DOCUMENTS: 01 1 FEE S: 21 . 00
f
1
iillB 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.
1
I
1
, iil 3. 920 0909