1997-06-04 BOA Minutes
City of Southlake, Texas
MEMORANDUM
June 4, 1997
I
TO: Bob Whitehead, Director Public Works
FROM: Paul Ward, Building Official
SUBJECT: Adoption of Ordinance No. 615
Establishment of Building Board of Appeals and their Results
Ordinance No. 615, 1 st reading, City Council Meeting, August 16, 1994. Approved September 6,
1994. Effective date September 7, 1994.
Enclosure - Ordinance No. 615
Enclosure - Procedures for Abatement
Building Board of Appeals, 1 st meeting - December 13, 1994.
Enclosure - Ordinance No. 622
Enclosure - December 13, 1994 Minutes
Enclosure - Submittal and Meeting Schedule
Enclosure - Members of Building Board of Appeals
Enclosure - Meeting Format
Enclosure - Substandard Buildings Inspection Report
Enclosure - Sample Motions to Repair or Demolish
Results for 95 - 11 Cases where Buildings were Removed and Lots Cleaned
02/95 Case No. 001 - Status - Buildings / Structures Removed and Lot is Clean.
02/95 Case No. 002 - Status - Buildings / Structures Removed and Lot is Clean.
02/95 Case No. 003 - Status - Buildings / Structures Removed and Lot is Clean.
02/95 Case No. 004 - Status - Buildings / Structures Removed and Lot is Clean.
02/95 Case No. 005 - Status - Buildings / Structures Removed and Lot is Clean.
03/95 Case No. 006 - Status - Buildings / Structures Removed and Lot is Clean.
03/95 Case No. 007 - Status - Buildings / Structures Removed and Lot is Clean.
03/95 Case No. 008 - Status - Buildings / Structures Removed and Lot is Clean.
05/95 Case No. 009 - Status - Buildings / Structures Removed and Lot is Clean.
05/95 Case No. 010 - Status - Buildings / Structures Removed and Lot is Clean.
07/95 Case No. 012 - Status - Buildings / Repaired and Lot is Cleaned.
07/95 Case No. 013 - Status - Buildings / Structures Removed and Lot is Clean.
10/95 Case No. 014 - Status - Mobile Home Removed and Lot Cleaned.
Results for 96 - 1 Case where Buildings were Removed and Lots Cleaned
02/96 Case No. 015 -Status -Contractor repairing the house for Joe Wright owner.
01/96 Case No. 016 - Status - Buildings / Structures Removed and Lot is Clean except for 1 small
shed..
Enclosure - Update to Board ofprevious B.B.A. Cases. 001 thru 016
PW/dc
Attachment: Enclosures
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.
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 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, 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 destruction 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 this ordinance.
NOW, THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
f:\filcs\muai\slakc\ordinanc\dangcr03 (08-11-94)
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 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.
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 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.
if. (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
f:\filcs\muni\slakc\ordinanc\dangcr03 (08-11-94) 3
(13) Whenever the exterior walls or other vertical structural members list, learf 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) 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.
f:\filcs\muni\slakc\ordioanc\dangcr03 (08-11-94) 5
SECTION V.
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.
SECTION VI.
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 MI 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 as appears in the records of the office of County Clerk, and to all
mortgagees and lienholders that can be determined from a reasonable search of
instruments on file in the office of the County Clerk. 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.
f:\filcs\muni\slakc\ordiaanc\dangcr03 (08-11-94) 7
(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 hearing; and
(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 demonstrate compliance
with the time schedules.
(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 feasible, or demolish or remove at his option; and
f.\filcs\muni\slakc\ordinanc\dangcr03 (08-11-94) 9
(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.
(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 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.
f:\filcs\muni\slakc\ordinanc\dangcr03 (08-11-94) l l
' SECTION M.
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 /nfofmation:
(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,
existing special assessment liens, and previously recorded bona fide mortgage liens attached
to the same property, 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.
f:\filcs\muni\stakc\ordinanc\dangcr03 (08-11-94) 13
(df 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) 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 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.
j (S) 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, ff, 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) 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.
(7) It shall be unlawful to fail to comply with an order issued pursuant to this
Section.
SECTION XIII.
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.
f:\filcs\muoi\slakc\ordinanc\dangcr03 (08-11-94) 15
SECTION X'VII.
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 prodi:ction thereof.
SECTION XVIII.
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.
' SECTION EKL
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.
PASSED AND APPROVED ON THIS I DAY OF 94
of SOU, -MAYOV
T:
M Al
C TY SECRETARY
EFFECTIVE DATE:
f:\files\muai\slalcc\ordinanc\dangcr03 (08-11-94) 17
PROCEDURES
FOR
ABATEMENT
PROCEDURES FOR THE ABATEMENT OF BUILDINGS
DANGEROUS
per Ordinance No. 615
If 0- Building is determined to be an IMMEDIATE THREAT to the life, safety, and welfare of the public, (see
Ph _'EDURES FOR IMMEDIATE THREAT BUILDINGS)
SUBSTANDARD 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).
PROCEDURES FOR IMMEDIATE THREAT BUILDINGS
After the Building Official has determined the building is an Immediate Threat:
Research of Property Owner, Lienholders, Mortgagees
Secure Building. (see Sec.)UI, (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.)UI (2).)
Prior to the date set for the Council Meeting, give rea.onable notice to the property owner of the
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.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 held within 20 days
AFTER the REQUEST IS FILED. (see Sec. XII, (5).)
City Cost Recovery. (see Sec. XII, (6) and Sec. X.)
PROCESS
OF
ORDER
i
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.
City of Southlake, Texas
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 Property 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 not within the specified
30 days the City could take remedial action to demolish, remove and cleanup at its own expense
Apriority 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.)
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 IMMEEDIATE DANGER
IMMEDIATE THREAT B it DINs - 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
City of Southlake, Texas
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
City of Southlake, Texas
Date
Name
Address
State
LYOTICE
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 building(s) 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 MI, (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.
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w
SUBSTANDARD
INSPECTION
REPORT
PROPERTY ADDRESS/LOCATION:
SUBSTANDARD BUILDINGS INSPECTION REPORT
DATED
ORDINANCE NO. 61S
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 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.
if: (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
I 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 1V(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 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) 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.
3 of 4
(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.
INSPECTED BY: DATE:
INSPECTED BY: DATE:
4 of 4
ORDINANCE NO. 622
AN ORDINANCE CREATING A BUILDING BOARD OF APPEALS FOR
THE CITY OF SOUTHLAKE, TEXAS; PROVIDING FOR APPOINTMENT
AND TERMS; PROVIDING FOR QUALIFICATIONS OF MEMBERS;
ESTABLISHING DUTIES AND POWERS OF THE BOARD; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section S of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City of Southlake has adopted Ordinance No. 615 establishing
regulations applicable to dangerous and substandard buildings; and
WHEREAS, the City of Southlake has also adopted the Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, Uniform Administrative Code and
National Electrical Code; and
WHEREAS, the city council now desires to adopt this ordinance creating a Building
Board of Appeals for the purpose of exercising jurisdiction over substandard buildings, and
hearing and deciding appeals pursuant to the Uniform Building Code, Uniform Mechanical
Code, Uniform Plumbing Code, Uniform Administrative Code and National Electrical
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
CREATION
A Building Board of Appeals, referred to in this ordinance as "the Board," is hereby
created to accomplish purposes and perform functions set forth in this ordinance.
f:\files\muni\slake\ordinanc\building.brd (08-12-94)
appointments to the Board, the city council will give consideration to persons who are
qualified by experience and training to pass on matters pertaining to building construction,
mechanical design, plumbing systems or electrical systems, or who have practical experience
in matters relating to building construction or value such as a mortgage banker or licensed
real estate agent. Members, except for the building official, may not be employees of the
City of Southlake.
SECTION 4.
ORGANIZATION
The Board shall hold an organizational meeting in October of each year and shall
elect a chairman and vice-chairman from among its members. The Board shall meet when
required to carry out the duties established by this ordinance. The Board shall adopt its
own rules and procedures and shall keep a record of its proceedings consistent with the
provisions of this ordinance and the requirements of law. The Board shall keep minutes
of its proceedings showing the vote of each member upon each question, or if absent or
failing to vote, indicating that fact, and shall keep records of its decisions and other official
actions, all which shall be filed in the office of the city secretary and kept as public
records.
SECTION 5.
DUTIES AND POWERS
(a) The Board is hereby charged with the duty and invested with the authority to:
(1) inspect property and premises at reasonable hours where required in the
discharge of its responsibilities under the laws of the State of Texas and the city;
(2) hear and decide appeals of orders, decisions or determinations made by the
building official relative to the application and interpretation of the technical
provisions of the following codes adopted by the City of Southlake:
f:\filcs\muni\slake\ordinanc\building.brd (08-12-94) 3
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed. To the extent that the composition of the boards of
appeals created by the various uniform codes referenced herein conflicts with this
ordinance, the terms of this ordinance shall control.
SECTION 8.
SEVERABILITY CLAUSE
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.
SECTION 9.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage, and it is
so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
1994.
t%AS
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OR 41 -
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0 A T:
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CITY SECRE Y
f:\files\muai\slake\ordinanc\buildin&brd (08-12-94) 5
BUILDING BOARD OF APMA LS
(NOT to ba PUIXI',SHED)
Established by Ordinance No.622
Members Term to Expire
Kosse Maykus, Chairman Horne: 424-9137 5/98
2604 North C"=oll Avenue Woriz: 329-3111
Southlalie, Texas 76092
Eddie Pierce Home: 379-5876 5/98
1600 Randal Mill Avenue 'Worly: 481-1508
Soutblalae, Texas 76092
Bobby Harrill Home: 329-6920 5/99
924 South PeytorAe Awnue work. 3-?,9-4241
Soutblalze, Texas 76092
Don Light Home: 481-5944 5/99
'240 'Westwood work: 4+88-0384
Soutblake, Texas 76092
John Reynal Home: 424-3019 5/99
575 Cherry Lane Work: 972/888-9400
Southlake, Texas 76092
Vacant, Alternate #1 5/98
Michael J. Crowe, Alternate #2 Home: 481-6642 5/99
802 Riagedale Court Work: 97X884-2811
Southlahe, Texan 76092
Updated 5/97
WWP-VILES\USTMP)R0A97.TPD
TOTAL P.c2
BUILDING BOARD OF APPEALS
MEETING FORMAT
Good evening, my name is chairman of the Southlake Building Board of
Appeals. I now call this meeting to order. Will the secretary call the roll? Is there a
quorum?.. Thank you. A quorum is present so this Board may proceed with it's scheduled
agenda. I want to review our meeting format for the benefit of those in the audience.
Each case will be called in it's regularly scheduled order as shown on the agenda. At
the time a case is called a representative from the city staff will make his/her presentation to
the Board. The purpose of this presentation is to identify the property in question, explain the
nature of the violation(s) and to provide background information on the case being heard.
At the end of the staff presentation, the property owner or representative will be given
and opportunity to make a presentation. Following the owner's presentation, those members
of the audience who wish to speak on behalf of the owner may make presentations to the
Board. Then those in the audience who wish to speak against the owner's position may do so.
Those persons making presentations must limit their comments to the facts that affect the
matter being heard and not to speculate on unrelated matters.
At the conclusion of the staff presentation against the owner's position, the owner will
be given the opportunity for a brief rebuttal since the property owner has the burden to
demonstrate the scope of any work that may be required to bring the structure up to standards
and the length of time it will take to reasonably perform the work. The Board will then close
it's public hearing to discuss and consider the facts presented and vote on the matter. In order
for the action of this Board to carry, there must be a majority vote on the matter. In order for
the action of this Board to carry, there must be a majority vote of those present.
I will now start with our regular agenda. The first item is the approval of the minutes
of our meeting. Each member of the Board has been provided with a copy of these
minutes. Are there any corrections, additions or deletions to be made?... Hearing none, I will
entertain a motion to approve the minutes as written ( or amended if necessary). I havea
motion and a second, all in favor of this motion please indicate by saying " Aye" to the call of
the secretary.
The minutes having been approved, the Board will proceed with the first case set for
hearing; I hereby call BBA Case The staff may proceed with it's presentation.
The staff presentation having been completed, I now call the property owner (or
representative) to make comments and present the evidence that the property owner should
desire....
Is there anyone in the audience that wishes to speak on behalf of the property owner's
position?... Is there anyone in the audience who wishes to speak against the property owner's
position?..... Comments have now been heard from all wishing to speak against the property
owner's position, I now call the property owner (or representative) for a brief rebuttal....
2
w
The property owner's rebuttal having been completed, I now close the public hearing
on BBA Is there any discussion by Board members on this item?
3
1997 BUILDING BOARD OF APPEALS
SUBMITTAL AND MEETING SCHEDULE
SUBMITTAL DEADLINE BOARD OF APPEALS
FIRST MONDAY MEETING DATE FOURTH
OF EACH MONTH MONDAY OF EACH
MONTH
01/06/97 01/20/97
02/03/97 02/17/97
03/03/97 03/24/97
04/07/97 04/28/97
05/05/97 05/26/97
06/02/97 06/23/97
07/01/97 07/28/97
08/04/97 08/25/97
09/01/97 09/22/97
10/07/97 10/27/97
11/04/97 11/24/97
No Meeting due to Holiday No Meeting due to Holiday
JANUARY MAY SEPTEMBER
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 1 2 3 1 2 3 4 5 6
5 6 7 8 9 10 .11 4 5 6 7 8 9 10 7 8 9 10 11 12 13
12 13 14 15 16 17 18 11 12 13 14 15 16 17 14 15 16 17 18 19 20
19 20 21 22 23 24 25 18 19 20 21 22 23 24 21 22 23 24 25 26 27
26 27 28 29 30 31 25 26 27 28 29 30 31 28 29 30
FEBRUARY ' JUNE OCTOBER
S M T W T F S S M T W T F S S M T W T F S
1 1 2 3 4 5 6 7 1 2 3 4
2 3 4 5 6 7 8 8 9 10 11 12 13 14 5 6 7 8 9 10 11
9 10 11 12 13 14 15 15 16 17 18 19 20 21 12 13 14 15 16 17 18
16 17 18 19 20 21 22 22 23 24 25 26 27 28 14 20 21 22 23 24 25
23 24 25 26 27 28 29 30 26 27 28 29 30 31
MARCH JULY NOVEMBER
S M T W T F S S M T W T F S S M T W T F S
1 1 2 3 4 5 1
2 3 4 5 6 7 8 6 7 8 9 10 11 12 2 3 4 5 6 7 8
9 10 11 12 13 14 15 13 14 15 16 17 18 19 9 10 11 12 13 14 15
16 17 18 19 20 21 22 20 21 22 23 24 25 26 16 17 18 19 20 21 22
23 24 25 26 27 28 29 27 28 29 30 31 23 24 25 26 27 28 29
30 31 30
APRIL AUGUST DECEMBER
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 1 2 1 2 3 4 5 6
6 7 8 9 10 11 12 3 4 5 5 7 8 9 7 8 9 1C 11 12 13
13 14 15 16 17 18 19 10 11 12 13 14 15 16 14 15 16 17 18 19 20
20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27
27 28 29 30 24 25 26 27 28 29 30 28 29 30 31
31
City of Southlake, Texas
1996 BUILDING BOARD OF APPEALS
SUBMITTAL AND MEETING SCHEDULE
Submittal Deadline: First Monday of each Month
Meeting Held: Fourth Monday of each Month
SUBMITTAL BOARD OF APPEALS
DEADLINE MEETING
DATE DATE
01/01/96 01/22/96
02/05/96 02/26/96
03/04/96 03/25096
04/01/96 04/22/96
05/06/96 05/27/96
06/03/96 06/24/96
07/01/96 07/22/96
08/05/96 08/26/96
09/02/96 09/23/96
10/07/96 10/28/96
11/04/96 11/25/96
No Meeting due to No Meeting due to
Holiday Holiday
1996
JANUARY FEBRUARY MARCH APRIL MAY JUNE
i S M T W T F S S M T W T F S S M T W T f 5 S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3 1 2 1 2 3 4 5 6 1 2 7 4 1
7 8 9 10 11 12 13 4 5 6 7 8 9 10 3 4 5 6 7 8 9 7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3. 5 6 7 8
1 13 15 16 17 18 19 20 11 12 13 13 IS 16 17 10 11 12 Il 14 15 16 14 IS 1617 18 19 20 12 13 14 IS 16 17 IB 9 10 It 12 13 14 1S
i 21 22 23 24 2S 26 27 18 19 20 21 22 23 24 17 18 19 20 21 22 23 21 22 23 24 2S 26 27 19 20 21 22 23 24 2S 16 17 18 19 20 21 22
28 29 30 31 2S 26 27 28 29 14 25 26 27 18 29 30 28 29 30 26 27 28 29 30 31 23 24 2S 26 27 28 29
31 30
JULY AUGUST SEPTEMBER OCTOBER NOVEMBER OECEMBER
S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3 1 2 7 4 5 6 7 1 2 3 4 5 1 2 1 2 3 4 5 6 7
7 8 9 10111213 A 5 6 7 8 9 10 8 9 1011121116 6 7 8 9 101112 3 4 5 6 7 8 9 8 9 10/1121312
14 15 16 17 18;920 n 111313151617 15161718121.21 13131516111819 10111213 131516 15 16 17 18 19 2021
21 22 23 23 25 16 27 IB 19 20 21 22 323 22 23 23 25 26 27 28 20 21-22 23 24 25 26 17 18 19 2021 22 21 22 23 24 25 26 27 28
28293031 25261728293031 2930 2728293031 23252627282930 293031
I
1997
JANUARY FEBRUARY MARCH APRIL MAY JUNE
S M T W T F S S M T W T f S S M T W T I' S S M T W T F S S M T W T F S S M T W T F S
1 2 3 3 1 1 1 2 3 3 5 1 2 3 1 2 3 4 5 6 7
5 6 7 8 9 1011 2 3 3 5 6 7 8 2 3 3 5 6 7 8 6 7 8 9 1011 12 3 5 6 7 8 9 10 6 9 10111213 14
12131415161718 9 1011 12131315 9 10111213 1415 13141S 16171819 11121313151617 IS 16 17 18 19 2021
.19202122232425 16171819202122 16 17 18 ;692720 121B2229 20212223242526 18192021222323 22232429262728
162728293031 232315 162728 23242526272829 27282930 25 16272829)031 2930
30 31
I
JULY AUGUST SEPTEMBER OCTOBER NOVEMBER OECEMBER
S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S1
1 2 3 4 5 1 2 1 2 3 A 5 6 1 2 3 4 1 1 2 3 A 5 6~
6 7 8 9 1011;1 3 1 5 6 7 8 9 7 6 9 10111213 5 6 7 8 9 10;1 1 3 4 5 6 7 8 7 8 9 10 11Q13.
1516 L7;8 ;9 ;01;;11114;516 14151617181920 111)1415161718 910"112111415 14151617181920
! 20 21 22 23 24 25 16 17 18 19 20 21 22 13 1f 22 23 24 15 26 27 19 20 21 22 23 24 2S 16 17 18 19 20 11 22 21 22 23 21 2S 26 271
27 28 29 30 31 24 25 26 27 28 29 30 28 29 30 26 27 28 29 30 31 23 23 25 26 27 28 29 28 29 30 31
3; 30
I
City of Southlake
1995
BUILDING
BOARD OF APPEALS
SIJIVNI1"f"VA1, A N I ) MI"I"'I'ING S('111J)Iil.l::
Submittal Deadline: First Monday of each Month _
Meeting Held: fourth Monday of each Month
SUBMITTAL BOARD OF APPEALS
DEADLINE MEETING
DATE DATE
01/02/95 01/23/95
02/06/95 02/27/95
03/06/95 03/27095
04/03/95 04/24/95
05/01/95 05/22/95
06/05/95 06/26/95
07/03/95 07/24/95
08/07/95 08/28/95
09/04/95 09/25/95
10/02/95 10/23/95
11/06/95 11/27/95
No Meeting due to No Meeting due to
Holiday Holiday
JANUARY FERRUARI MARCH APRIL
S \1 T W T F S S \1 1' R 1 F S \I T \C T F S S \t T R' T F S
1 2 3 4 5 6 7 1 2 3 1 2 3 4 1
8 9 10 11 12 13 14 5 6 7 8 9 10 11 5 6 7 6 9 10 11 2 3 4 5 6 7 6
15 16 17 18 19 20 21 12 13 14 15 15 17 18 12 13 14 15 16 17 16 9 10 11 12 13 14 15
22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25 16 17 18 19 20 21 22
29 30 31 26 27 28 26 27 28 29 30 31 a,u 24 25 26 27 28 29
NIAY JUVE 'IULY AUGUST
S M T 1\' T F S S m 'f 1C 1 ' I ' S S \I 'f R' T F S S M T W T F S
1 2 3 4 5 6 2 3 1 1 2 3 4 5
7 8 9 10 11 12 13 4 5 6 7 8 9 10 2 3 4 5 6 7 8 6 7 8 9 10 11 12
14 15 16 17 18 19 20 11 12 13 14 15 16 17 9 10 11 12 13 14 15 13 14 15 16 17 18 19
21 22 23 24 25 26 27 18 19 20 21 22 23 2 16 17 18 19 20 21 22 20 21 22 23 24 25 26
28 29 30 31 25 26 27 28 23 30 21,i 25 26 27 28 29 27 28 29 30 31
SEPTEMBHR OCTOBER NOVENMER DECEMBER
S M T R' T F S S %I 'I' 1' I' i S \1 '1- %k '1 F S \t T W T F S
12 t 2 7 4 1234 12
3 4 5 6 7 8 9 8 9 10 11 12 13 14 S 6 7 8 9 10 11 3 4 5 6 7 6 9
10 11 12 13 14 15 16 15 16 17 18 1" 20 12 13 14 15 16 it 18 10 11 12 13 14 15 16
17 18 19 20 21 22 23 22 23 24 25 19 20 21 22 23 24 25 17 18 19 20 21 22 23
24 25 26 27 28 29 30 29 30 31 26 27 28 29 30 "1, 25 26 27 26 29 30
CITY OF SOUTHLAKE, TEXAS
BUILDING BOARD OF APPEALS
DECEMBER 13,1994
MINUTES
MEMBERS PRESENT: Kosse Maykus, Chairman; Michael Lease, Vice-Chairman. Members:
Don Light, Eddie Pierce, Chuck Fettinger, David Carpenter.
MEMBERS ABSENT: Bobby Harrell.
CITY STAFF PRESENT: Director of Public Works, Bob Whitehead; Building Official, Paul
Ward; City Engineer, Ron Harper; Code Enforcement Officer, Glenda Jaynes; City Secretary, Sandra
L. LeGrand; and Assistant Building Secretary, Debbie Coomer.
Agenda Item #1. Call to order.
The first meeting of the Building Board of Appeals was called to order by Paul Ward, Building
Official at 7:00 p.m.
Agenda Item #2. Administrative Comments
During the Administrative Comments, the newly appointed members of the Building Board of
Appeals introduced themselves and told something about their trade, education, length of time in
their field and other information.
Agenda Item #3. Election of Officers
During the election of officers, motion was made to nominate Kosse Maykus as Chairman of the
Building Board of Appeals.
Motion: Light
Ayes: Light, Lease, Maykus, Pierce, Fettinger, Carpenter
Nays: None
Approved: 6-0 vote
Motion was made to nominate Michael Lease as Vice-Chairman of the Building Board of Appeals.
Motion: Carpenter
Ayes: Maykus, Light, Pierce, Fettinger, Carpenter, Lease
Nays: None
Approved: 6-0 vote
Regular Meeting of the Building Board of Appeals
December 13, 1994
page two
Agenda Item #4. Discussion: Ordinance No. 622, Creating a Building Board of Appeals.
Paul Ward, Building Official led the discussion regarding Ordinance No. 622, Creation of the of the
Building Board of Appeals. Ordinance No. 615, Regulations of Dangerous and Substandard
Building was also discussed. It was agreed upon by the members present that each member should
take time to study the ordinance in order to understand their duties on the board.
Agenda Item #5, Procedures for Meetings of the Building Board of Appeals.
A discussion was held regarding regular meeting dates for the board. It was agreed upon by
members present that the 4th Monday of each month would be the date of regular meetings. The
meetings would begin at 7:00 p.m. Packets of information for the meetings as well as agendas will
be available to the members on the Friday prior to the meeting date. The method of distributing the
packets is to be determined at a later date.
Chairman Maykus stated he feels the board should have a study session with the City Attorney prior
to any cases being placed on an agenda. Maykus stated that all members are new to this type of an
appeal board, therefore, it would be both helpful and necessary for proper training to take place.
Each member was instructed to read the ordinances and have their questions ready for discussion
with the City Attorney.
Sandy LeGrand, City Secretary, was present and informed the members of the laws regarding open
meetings, and times when closed sessions by board members with the City Attorney can be held.
Mrs. LeGrand stated the members should let Debbie Coomer know when they will not be able to
attend a meeting, in order for her to determine if a quorum will be present.
Glenda Jaynes explained the process she must follow in determining substandard structures and the
rights of appeal by the property owners on the substandard buildings. She noted she takes both an
active and pro-active position in determining the substandard structures.
Agenda Item #6, Adjournment
Motion was made to adjourn the meeting at 8:05 p.m.
Motion: Fettinger
Second: Lease
Ayes: Fettinger, Lease, Light, Pierce, Carpenter, Maykus
Nays: None
Approved: 6-0 vote
Regular Meeting of the Building Board of Appeals
December 13, 1994
page three
Kosse Maykus, Chairman
ATTEST:
Debbie Coomer
Assistant Building Secretary
SUBSTANDARD BUILDINGS
INSPECTION REPORT
CITY OF SOUTHLAKE, TEXAS 76092
667 NORTH CARROLL AVENUE
(817) 481-5581 - FAX (817) 488-5097
Property Address
Abst Tract Out of Survey
L-_ B- Sub-Division
Property Owner
Property Occupant
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
STANDARD BUILDINGS
.INSPECTION REPORT
CASE NO. cont.
(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.
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
i
STANDARD BUILDINGS
INSPECTION REPORT
CASE NO. 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.
-04) 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
STANDARD BUILDINGS
INSPECTION REPORT
CASE NO. cont.
_ (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.
_ (d) Lack of hot and cold running water to plumbing fixtures in a hotel.
4
SUBSTANDARD BUILDINGS
INSPECTION REPORT
CASE NO. - 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.
(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.
5
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SUBSTANDARD BUILDINGS
INSPECTION REPORT
CASE NO. _ 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
PAUL WARD, BUILDING OFFICIAL EXT. 755
DATE
comments:
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6
BUILDING BOARD OF APPEALS
SAMPLE MOTION TO REPAIR OR DEMOLISH
I. IF BUILDING IS TO BE ORDERED DEMOLISHED WITHOUT OPPORTUNITY
TO REPAIR:
I move that the Building Board of Appeals make the following specific findings
regarding the subject property based on evidence presented at this hearing:
1. That the conditions set forth in building official's report exist to the extent that
the life, health, property or safety of the public (and / or occupants of the building) are
endangered; and
2. That the building is infeasible of repair
3. That we therefore, ORDER that the building be demolished or removed, and all
debris removed, within 30 days and that all utilities be shut off immediately.
II. IF PROPERTY OWNER IS TO BE GIVEN ONE LAST CHANCE TO REPAIR
(STILL GIVES CITY RIGHT TO DEMOLISH AT THE END OF THE 30 DAYS):
I move that the Building Board of Appeals make the following specific findings
regarding the subject property based on evidence presented at this hearing:
1. That the conditions set forth in building official's report exist to the extent that
the life, health, property or safety of the public (and / or occupants of the building) are
endangered; and
2. That we further find that, if the building is not repaired within 30 days, that
there is no reasonable probability that the building will be repaired within a reasonable period
of time, if additional time were to be given.
3. That we therefore ORDER that the building be repaired in conformance with
requirements of the codes of the City of Southlake, or demolished and the debris removed
within 30 days. All utilities shall be shut off immediately, except as necessary to effectuate
the repairs. If the property owner chooses to repair rather.than demolish the property, the
building must be immediately secured to prevent unauthorized entry.
4
III. IF MORE THAN 30 DAYS TO COMPLETE ORDERED REPAIRS IS TO BE
GRANTED:
I move that the Building Board of Appeals make the following specific findings
regarding the subject property based on evidence presented at this hearing:
1. That the Board find that the conditions set forth in building official's report
exist to the extent that the life, health, property or safety of the public (and / or occupants of
the building) are endangered; and
2. That we further find that the property owner has established that the work
cannot be reasonably performed within 30 days.
3. That we therefore, ORDER that the building be repaired in conformance with
requirements of the codes of the City of Southlake, or demolished and the debris removed
from the property, and that the repairs or demolition be commenced by and
completed by , and further ORDER that the building be secured from
unauthorized entry while the work is being performed and that all utilities be shut off except
for those necessary to effectuate the repairs.
appealslmeeting.fmt