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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

March 7, 2013

6:00 PM

City Council Chambers

200 West Walker Street

 

 

 

 

 

 

 

 

 

 

 

I.                   Call to order and Roll call of members

 

II.                Approval of Minutes

A.     February 7, 2013

 

III.             The Swearing in of Speakers and Witnesses

 

IV.              Other Business

A.     Receive a report from the Building and/or Code Compliance Official as stipulated in a condition of an order given, and take all appropriate action and order(s) in relation to BASC13-01 (Downing Circle), under which it was determined that a building or structure is a dangerous building per 22-331 et. seq. of the League City Code of Ordinances on property located at 1118 Downing Circle, League City, Texas 77573, legally described as Lot 11, Block 4 of the Nottingham Country, Section One Subdivision, in League City, Galveston County, Texas, according to the plat thereof recorded in Volume 15, Page 99 of the Map Records in the Office of the County Clerk of Galveston County, Texas.

 

V.                 Items Tabled  and Subject to Recall

A.     Hold a public hearing and take action on BASC13-02 (1018 Sunset), to determine whether a building or structure is a dangerous building, and issue any order(s) determined necessary to address such conditions per 22-331 et. seq. of the League City Code of Ordinances on property located at 1018 Sunset Circle, League City, Texas 77573, legally described as Lot 17, Block 1 of the Pecan Forest Subdivision, in League City, Galveston County, Texas, according to the map thereof recorded in Volume 1616, Page 162 of the Map Records in the Office of the County Clerk of Galveston County, Texas.(PUBLIC HEARING CONTINUED FROM 02-07-2013 MEETING)

 

OWNERS/LIENHOLDERS

Mark S. Robbins, 1018 Sunset Circle, League City, Texas 77573

                  And P.O. Box 58385, Houston, Texas 77258

                  And P.O. Box 1765, League City, Texas 77574-1765

Douglas A. Keith, 1018 Sunset Circle, League City, Texas 77573

                  And 220 Englewood Drive, League City, Texas 77573

                  And P.O. Box 58385, Houston, Texas 77258

Mark E. Ciavaglia, Linebarger, Goggan, Blair, & Sampson, LLP, 518 9th Avenue North, P.O.

                  Drawer 2789, Texas City, Texas 77592-2789

Brent J. Richbook, Linebarger, Goggan, Blair, & Sampson, LLP, 518 9th Avenue North, P.O.

                  Drawer 2789, Texas City, Texas 77592-2789

Clear Creek Independent School District, c/o Jason L. Bailey, Perdue, Brandon, Fielder, Collins

                  & Mott, LLP, 1235 North Loop West, Suite 600, Houston, Texas 77008

Clear Creek Independent School District, c/o R. Gregory East, Perdue, Brandon, Fielder, Collins

                  & Mott, LLP, 1235 North Loop West, Suite 600, Houston, Texas 77008

Clear Creek Independent School District, c/o Yolanda Humphrey, Perdue, Brandon, Fielder,

                  Collins & Mott, LLP, 1235 North Loop West, Suite 600, Houston, Texas 77008

Herbert H. Medsger, Attorney at Law, 1834 West Main Street, League City, Texas 77573-3540

 

 

Page 2 of 3

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

March 7, 2013 

6:00 PM

Council Chambers, 200 West Walker Street

 

VI.              Public Hearings and Action Items from Public Hearings (BASC)

A.     Hold a public hearing and take action on BASC13-03 (2800 Virginia Avenue), to determine whether a building or structure is a dangerous building, and issue any order(s) determined necessary to address such conditions per 22-331 et. seq. of the League City Code of Ordinances on property located at 2800 Virginia Avenue, League City, Texas 77573, legally described as Lot 6, Block 108 of the Dickinson Townsite Subdivision, in League City, Galveston County, Texas, according to the plat of Dickinson Townsite recorded in Volume 155, Page 10 of the records of the County Clerk of Galveston County, Texas.

 

OWNERS/LIENHOLDERS

Gloria R. Samora (formerly Gloria J. Hernandez), 2800 Virginia Ave., League City, Texas 77573

                 And P.O. Box 383, Dickinson, Texas 77539

                 And P.O. Box 983, Santa Fe, Texas 77510

                 And 1021 27th Street, San Leon, Galveston County, Texas

                 And 5126 Chase Court Dr., Baycliff, Texas 77518-2438

Lucio Samora, 2800 Virginia Ave., League City, Texas 77573

                 And P.O. Box 383, Dickinson, Texas 77539

                 And P.O. Box 983, Santa Fe, Texas 77510

                 And 5126 Chase Court Dr., Baycliff, Texas 77518-2438

Alejos Rodriguez, 2800 Virginia Ave., League City, Texas 77573

                 And P.O. Box 983, Santa Fe, Texas 77510

Mark E. Ciavaglia of Linebarger Goggan Blair & Sampson, LLP, Post Office Drawer 2789,

Texas City, Texas 77592-2789

                 And 518 9th Avenue North, Texas City, Texas 77590

Brent Richbook of Linebarger Goggan Blair & Sampson, LLP, Post Office Drawer 2789, Texas

City, Texas 77592-2789

                 And 518 9th Avenue North, Texas City, Texas 77590

 

B.     Hold a public hearing and take action on BASC13-04 (2925 Forest Hills), to determine whether a building or structure is a dangerous building, and issue any order(s) determined necessary to address such conditions per 22-331 et. seq. of the League City Code of Ordinances on property located at 2925 Forest Hill, League City, Texas 77573, legally described as Lot 13, Block 5 of the Meadow Bend Subdivision, in League City, Galveston County, Texas, according to the replat thereof recorded in Volume 17, Pages 147 and 148 of the Map Records of Galveston County, Texas.

 

OWNERS/LIENHOLDERS

Charles D. and Patricia Mendel, 2925 Forest Hills Drive, League City, Texas 77573

Carey Frances Mendel, 105 Grand Maison Blvd., Mandeville, LA 70471

Heirs of the Estate of Charles Mendel, Deceased, 2925 Forest Hills Drive, League City, Texas 77573

              And 104 Grand Maison Blvd., Mandeville, LA 70471

David Mendel, 619 Oak Glen Drive, Kemah, Texas 77565

Kristen Marie Mendel, 13031 Park Crossing, #1104, San Antonio, Texas 78217

Pamela Ann Mendel, 13031 Park Crossing, #1104, San Antonio, Texas 78217

Page 3 of 3

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

March 7, 2013 

6:00 PM

Council Chambers, 200 West Walker Street

 

Citizens National Mortgage Corporation, 8787 Complex Drive, San Diego, CA 92123-1495

Norwest Mortgage, Inc., Norwest Loan No. 1810855, 405 SW 5th Street, Des Moines, IA 50309

Bank of America, N.A., Successor by merger to LaSalle Bank, N.A., Trustee for Certificate

               Holders of Bear Stearns Asset Backed Securities I, LLC., Asset Backed Certificates, Series 2004-HE11by EMC Mortgage Corporation, Attn: Greg Allen, Vice President, 2780 Lake Vista Drive, Lewisville, Texas 75067

EMC Mortgage Corporation, % Brice Vander Linden & Wernick, PC, Attn: J. Daneice Villarreal,

               9441 LBJ Freeway, Suite 250, Dallas, Texas 75243

Meadow Bend Homeowners Association/Houston Community Management, % Daughtry &

               Jordan, P.C., 17049 El Camino Real, Houston, Texas 77058-2630

Selim Taherzadeh – Substitute Trustee, Bruce, Vander Linden & Wernick, P.C., 9441 LBJ

               Freeway, Suite 250, Dallas, Texas 75243

Steve Leva – Substitute Trustee, Bruce, Vander Linden & Wernick, P.C., 9441 LBJ Freeway,

               Suite 250, Dallas, Texas 75243

David Moon – Substitute Trustee, Bruce, Vander Linden & Wernick, P.C., 9441 LBJ Freeway,

               Suite 250, Dallas, Texas 75243

Suzy Chaney – Substitute Trustee, Bruce, Vander Linden & Wernick, P.C., 9441 LBJ Freeway,

               Suite 250, Dallas, Texas 75243

Cara Featherstone – Substitute Trustee, Bruce, Vander Linden & Wernick, P.C., 9441 LBJ

               Freeway, Suite 250, Dallas, Texas 75243

               And Howard M. Reiner & Associates, Substitute Trustee, 3410 Mercer Street, Houston, Texas 77027

Howard M. Reiner & Associates, Attn: Howard M. Reiner, Administrator In the Estate of Charles

Dudley Mendel, 3410 Mercer Street, Houston, Texas 77027

               And 5430 LBJ Freeway, Suite 1200, Dallas, Texas 75240

 

VII.           Adjournment

 

CERTIFICATE

 

THIS IS TO CERTIFY THAT THE ABOVE NOTICE OF MEETING WAS POSTED ON THE BULLETIN BOARD AT CITY HALL OF THE CITY OF LEAGUE CITY, TEXAS, BY THE 1ST DAY OF MARCH, 2013 BY 6 PM, AND WAS POSTED IN ACCORDANCE WITH CHAPTER 551, LOCAL GOVERNMENT CODE (THE TEXAS OPEN MEETINGS ACT).  ITEMS POSTED IN THE OPEN SESSION PORTIONS OF THIS AGENDA MAY ALSO BE DISCUSSED IN CLOSED OR EXECUTIVE SESSION IN ACCORDANCE WITH THE PROVISIONS OF THE TEXAS OPEN MEETINGS ACT. THE BOARD RESERVES THE RIGHT TO HEAR ANY OF THE ABOVE DESCRIBED AGENDA ITEMS THAT QUALIFY FOR AN EXECUTIVE SESSION, IN AN EXECUTIVE SESSION BY PUBLICLY ANNOUNCING THE APPLICABLE SECTION NUMBER OF THE OPEN MEETINGS ACT, (CHAPTER 551 OF THE TEXAS GOVERNMENT CODE, SPECIFICALLY INCLUDING CHAPTER 551.071 “CONSULTATION WITH ATTORNEY”), THAT JUSTIFIES EXECUTIVE SESSION TREATMENT.

 

NOTICE IS HEREBY GIVEN THAT THE PRESENCE OF A QUORUM OF THE MEMBERS OF CITY COUNCIL AT ANY TIME DURING THE COURSE OF THE ABOVE-REFERENCED PROCEEDING MAY CONSTITUTE A MEETING OF CITY COUNCIL PURSUANT TO THE TEXAS OPEN MEETINGS ACT, CHAPTER 551 OF THE TEXAS GOVERNMENT CODE.  BY THIS NOTICE, THE PUBLIC IS HEREBY ADVISED OF SAID MEETING NOT LESS THAN 72 HOURS IN ADVANCE OF THE DATE, TIME AND LOCATION NOTED ABOVE.

 

 

 

__________________________________________                                              __________________________________________               

MARK LINENSCHMIDT                                                     OSCAR AREVALO, CBO

SENIOR PLANNER                                                              BUILDING OFFICIAL


            MINUTES

CITY OF LEAGUE CITY

ZONING BOARD OF ADJUSTMENTS/

BUILDING AND STANDARDS COMMISSION

REGULAR MEETING

THURSDAY March 7, 2013 at 6:00 P.M.

City Council Chambers

200 WEST WALKER

*************************************************************

I.       Call to order and Roll call of members

 

Mr. Christiansen called the meeting to order at 6:00 p.m.

 

Members present:                                                       Members absent:

James R. Christiansen, Chair                                       Janet Alleman

Amy Beasley*                                                            

Elizabeth Scully

Katie Benoit

Michael Hendershot

Charles Rosen

           

*Amy Beasley arrived at the meeting at 6:03 p.m.

 

City Representatives:

Oscar Arevalo, Building Official

Lonzell Banks, Code Compliance Official

 

II.    Approval of Minutes

 

A.     February 7, 2012

 

Ms. Scully made a motion to approve the minutes of February 7, 2013, with noted corrections.

Mr. Hendershot seconded the motion.

The motion passed unanimously with a vote of 4-0-0, with noted corrections.

III. Swearing in of Witnesses

 

Mr. Christiansen swore in the witnesses, stating this is a quasi-judicial board, which is being recorded; therefore, anybody who speaks should be aware it is considered testimony. Any appeal of the decision by the Zoning Board of Adjustment or Building and Standards Commission must be filed with the Court of Competent Jurisdiction within 10 days after the date of the decision rendered by this board, or such time period as indicated by Section 216.014 Texas Local Government Code.

 

IV.  Other Business

A.     Receive a report from the Building and/or Code Compliance Official as stipulated in a condition of an order given, and take all appropriate action and order(s) in relation to BASC13-01 (1118 Downing Circle), under which it was determined that a building or structure is a dangerous building per 22-331 et. seq. of the League City Code of Ordinances on property located at 1118 Downing Circle, League City, Texas 77573, legally described as Lot 11, Block 4 of the Nottingham Country, Section One Subdivision, in League City, Galveston County, Texas, according to the plat thereof recorded in Volume 15, Page 99 of the Map Records in the Office of the County Clerk of Galveston County, Texas.

 

Mr. Arevalo, Building Official, updated the Board and issued a copy of a free estimate from a local contractor for the cost to repair the structure which was $75,800. Mr. Arevalo indicated that the repairs exceeded 50% of the value of the structure.

 

Mr. Weathered asked Mr. Arevalo if the value for the structure was based on the Galveston Central Appraisal District, as it is part of the Commission’s file.

 

Mr. Arevalo responded in the affirmative.

 

Mr. Weathered asked Mr. Arevalo if the valuation from the Galveston Central Appraisal District shows an improvement of $132, 970.

 

Mr. Arevalo responded in the affirmative.

 

Mr. Weathered asked Mr. Arevalo if notice was sent according to the real property records.

 

Mr. Arevalo responded in the affirmative.

 

Mr. Weathered asked Mr. Arevalo if there was any type of receipt from the mailed notice.

 

Mr. Arevalo asked Mr. Banks if a receipt was received.

 

Mr. Banks, Code Compliance Official, responded that it was unclaimed.

 

Mr. Weathered asked Mr. Arevalo if the structure was also posted.

 

Mr. Arevalo responded in the affirmative.

 

Mr. Weathered asked Mr. Arevalo if there was a newspaper notice published of this hearing.

 

Mr. Arevalo responded in the affirmative.

 

Mr. Weathered asked Mr. Arevalo if it was his testimony, based on the repair estimate and the value of the structure listed, that the repairs are over 50% of the value of the structure.

 

Mr. Arevalo responded in the affirmative.

 

Mr. Weathered had no additional questions.

 

Ms. Scully asked how long it would take for the city to demolish the building.

 

Mr. Arevalo replied that the city has to typically bid the work out, but Mr. Banks has an agreement with the county where the city can use their contractors; the city can mobilize the contractors in a few weeks, once the legal timeframe for an appeal has passed.

 

Ms. Scully asked about any notification to the neighbors.

 

Mr. Arevalo replied that notification to neighbors is not something the city normally does and is not a requirement.

 

Mr. Christiansen stated that the Commission had voted that this structure was unsafe and would finalize the orders this evening.

 

Mr. Christiansen stated that the Commission would need to consider that number of days to complete the demolition of the building.

 

Mr. Weathered asked if the Commission had found if the structure was to be demolished.

 

Ms. Beasley stated that the item was pending the Commission to verify if the repair work was greater than 50% of the value of the structure in which the presentation tonight demonstrated that the demolition order can proceed.

 

Ms. Scully added that Item 10 of the findings had been marked as a condition that staff was to provide a licensed contractor estimate to tonight’s meeting and that the demolition order was held in suspense pending the receipt of the report.

 

Mr. Weathered responded that the order was pending additional information and briefly discussed what needed to be finalized on the order.

 

Ms. Beasley asked how much time the city needed – 30 days/ 60 days.

 

Mr. Arevalo stated that he believed 30 days would be enough.

 

Mr. Weathered clarified that the order was for the Owner to demolish. If the Owner did not comply, the city would then assume the responsibility.

 

Ms. Beasley asked what the minimum timeframe would be for the Owner to complete the task.

 

Mr. Weathered responded that there is no minimum time on this case, and it would be up to the Commission to determine what a reasonable time limit would be.

 

Ms. Beasley suggested that the Commission give the Owner approximately 30 days and take the deadline date to April 8th.

Mr. Christiansen stated to the Commission that they would go through the items, and he asked for anyone to speak up if they wanted to discuss something.

 

Item V.1. of the Order was marked.

 

Item V.2. of the Order was marked.

 

            Mr. Christiansen suggested that the Order is a final order.

 

Mr. Christiansen asked for a vote on the Order with a demolition date no later than April 8th, 2013 and briefly summarized the Order.

 

Mr. Christiansen motioned to approve the Order.

 

Ms. Beasley seconded the motion.

 

The motion passed unanimously with a vote of 4-0-0.

 

V.    Items Tabled and Subject to Recall

A.     Hold a public hearing and take action on BASC13-02 (1018 Sunset), to determine whether a building or structure is a dangerous building, and issue any order(s) determined necessary to address such conditions per 22-331 et. seq. of the League City Code of Ordinances on property located at 1018 Sunset Circle, League City, Texas 77573, legally described as Lot 17, Block 1 of the Pecan Forest Subdivision, in League City, Galveston County, Texas, according to the map thereof recorded in Volume 1616, Page 162 of the Map Records in the Office of the County Clerk of Galveston County, Texas.(PUBLIC HEARING CONTINUED FROM 02-07-2013 MEETING)

 

OWNERS/LIENHOLDERS

Mark S. Robbins, 1018 Sunset Circle, League City, Texas 77573

                  And P.O. Box 58385, Houston, Texas 77258

                  And P.O. Box 1765, League City, Texas 77574-1765

Douglas A. Keith, 1018 Sunset Circle, League City, Texas 77573

                  And 220 Englewood Drive, League City, Texas 77573

                  And P.O. Box 58385, Houston, Texas 77258

Mark E. Ciavaglia, Linebarger, Goggan, Blair, & Sampson, LLP, 518 9th Avenue North,

                  P.O. Drawer 2789, Texas City, Texas 77592-2789

Brent J. Richbook, Linebarger, Goggan, Blair, & Sampson, LLP, 518 9th Avenue North,   

                  P.O. Drawer 2789, Texas City, Texas 77592-2789

Clear Creek Independent School District, c/o Jason L. Bailey, Perdue, Brandon, Fielder,

                   Collins & Mott, LLP, 1235 North Loop West, Suite 600, Houston, Texas 77008

Clear Creek Independent School District, c/o R. Gregory East, Perdue, Brandon, Fielder,

                   Collins & Mott, LLP, 1235 North Loop West, Suite 600, Houston, Texas 77008

Clear Creek Independent School District, c/o Yolanda Humphrey, Perdue, Brandon,

                  Fielder, Collins & Mott, LLP, 1235 North Loop West, Suite 600, Houston,

                  Texas 77008

Herbert H. Medsger, Attorney at Law, 1834 West Main Street, League City, Texas 77573-

                  3540

Mr. Arevalo updated the Commission on the status of the case. Mr. Arevalo indicated that he contacted Mr. Robbins, the Owner, after hearing no response and that no permits had been issued for the foundation repair.

 

Mr. Christiansen asked if the Owner, Mr. Robbins, was in attendance and asked him to come forward to the podium.

 

Mr. Robbins apologized to the Commission, stating that he was not able to complete the tasks and had lined up a foundation repair contractor which should be in contact with the Building Department next week. The foundation was anticipated to be repaired beginning on March 15, 2013, and the repairs should only take one day. Mr. Robbins indicated that the delays were due to family health issues.

 

Mr. Christiansen asked Mr. Robbins if he was to meet with Mr. Arevalo to create a basic list of items that needed to be repaired.

 

Mr. Robbins responded that he did not think coming up with a list of tasks was an issue that needed to be addressed.

 

Ms. Beasley added that it was discussed at last month’s meeting and that Mr. Robbins was aware of what needed to be done and felt comfortable about it. She continued by stating that it was understood that Mr. Robbins would not begin the remaining repairs until the foundation had been repaired.

 

Mr. Robbins confirmed her statement about the remaining repairs.

 

Ms. Beasley asked, given Mr. Robbins statement about the upcoming repair, if Mr. Robbins could provide a plan for when the remaining repairs would be complete, if not already complete by the next meeting in April.

 

Mr. Robbins replied that he should have a list of substantially completed items.

 

Mr. Christiansen asked if there were any additional questions for Mr. Robbins. There were none.

 

Mr. Christiansen asked the Commission if they wanted to table the item and stated that he wanted to proceed with Mr. Robbins case through the best course of action. Mr. Christiansen then asked for an opinion from Mr. Weathered.

 

Mr. Weathered reviewed the Order and referenced the options of the Commission. Mr. Weathered added that this item had been tabled and not been formally removed from the table.

 

Mr. Christiansen opened the public hearing at 6:36 p.m. and asked for anyone to come forward. With there being none, Mr. Christiansen closed the public hearing at 6:37 p.m.

 

Mr. Christiansen asked Mr. Weathered if the Commission has to vote to take the item off of the table to move forward for compliance.

 

Mr. Weathered responded in the affirmative.

 

Ms. Scully motioned to remove the item from the table.

 

Ms. Benoit seconded the motion.

 

The motion passed unanimously with a vote of 4-0-0.

            Mr. Christiansen stated that the Commission would complete the Order.

 

Ms. Beasley suggested that the Commission follow the same protocol as the item before.

 

Mr. Weathered clarified the Order based on being made aware than an Order was not completed at the previous meeting.

 

Ms. Beasley made a brief summary of items marked for the Order. Ms. Beasley added that the Order would be for a compliance hearing and noted to Mr. Robbins that a portion of the Order will require the Owner to provide to the City staff a status or compliance report at least 3 business days prior to the meeting, being April 1, 2013.

 

Mr. Christiansen asked the Commission if there were any questions. There being none, Mr. Christiansen asked for a vote of findings.

 

The motion passed unanimously with a vote of 4-0-0.

 

VI. Public Hearings and Action Items from Public Hearings (BASC)

A.     Hold a public hearing and take action on BASC13-03 (2800 Virginia Avenue), to determine whether a building or structure is a dangerous building, and issue any order(s) determined necessary to address such conditions per 22-331 et. seq. of the League City Code of Ordinances on property located at 2800 Virginia Avenue, League City, Texas 77573, legally described as Lot 6, Block 108 of the Dickinson Townsite Subdivision, in League City, Galveston County, Texas, according to the plat of Dickinson Townsite recorded in Volume 155, Page 10 of the records of the County Clerk of Galveston County, Texas.

 

OWNERS/LIENHOLDERS

Gloria R. Samora (formerly Gloria J. Hernandez), 2800 Virginia Ave., League City, Texas 77573

                 And P.O. Box 383, Dickinson, Texas 77539

                 And P.O. Box 983, Santa Fe, Texas 77510

                 And 1021 27th Street, San Leon, Galveston County, Texas

                 And 5126 Chase Court Dr., Baycliff, Texas 77518-2438

Lucio Samora, 2800 Virginia Ave., League City, Texas 77573

                 And P.O. Box 383, Dickinson, Texas 77539

                 And P.O. Box 983, Santa Fe, Texas 77510

                 And 5126 Chase Court Dr., Baycliff, Texas 77518-2438

Alejos Rodriguez, 2800 Virginia Ave., League City, Texas 77573

                 And P.O. Box 983, Santa Fe, Texas 77510

Mark E. Ciavaglia of Linebarger Goggan Blair & Sampson, LLP, Post Office Drawer 2789,

Texas City, Texas 77592-2789

                 And 518 9th Avenue North, Texas City, Texas 77590

Brent Richbook of Linebarger Goggan Blair & Sampson, LLP, Post Office Drawer 2789, Texas

City, Texas 77592-2789

                 And 518 9th Avenue North, Texas City, Texas 77590

 

Mr. Arevalo introduced the case to the Commission. Mr. Arevalo indicated that it was staff’s interpretation that the building was damaged greater than 50% and that his recommendation is that the building be demolished.

 

Mr. Weathered asked if there were two structures on the property.

 

Mr. Arevalo responded in the affirmative that there was a primary and secondary structure on the property.

 

Mr. Weathered asked Mr. Arevalo if his recommendation was for both structures.

 

Mr. Arevalo responded in the affirmative.

 

Mr. Banks presented the case to the Commission, indicating that the case began as a result of a complaint to Code Compliance in April 2012.

 

Ms. Beasley asked if utilities had been disconnected on the site.

 

Mr. Banks responded in the affirmative.

 

Mr. Christiansen asked if the property was secure.

 

Mr. Banks replied that the property was secure.

 

Mr. Hendershot asked Mr. Banks if there were any structural deficiencies observed in his inspection.

 

Mr. Banks responded that he did not observe any deficiencies and that structural issues could be prevalent based on the visible ceiling damage. Mr. Banks added that a more in-depth inspection and access to the roof area would be required to make that determination.

 

Mr. Christiansen asked Mr. Banks if he had looked closely at the secondary building, a garage.

 

Mr. Banks responded in the negative.

 

Ms. Beasley asked if there were any photos in the presentation related to the second structure.

 

Mr. Banks responded that there were no photos of the secondary structure for tonight’s presentation, however there was some damage to the roof of the second structure.

 

Mr. Christiansen asked if there were any additional questions for staff.

 

Mr. Christiansen asked for anyone representing the property owner.

 

Gloria Samora, 5126 Chase Court Drive, stated that she had received notice and has since spoken with city staff. Ms. Samora stated that the house needed to be demolished and that her brother was contacting a contractor to move the house from the property. She asked the Commission how long they would allow her brother to complete the removal process. 

 

Ms. Beasley replied that the Commission typically allows 30 days or until the next meeting. She added that it doesn’t take long to have houses demolished, but permits have to be issued.

 

Ms. Samora asked if the foundation had to be removed as well.

 

Ms. Beasley indicated in the affirmative. She added that it was important to coordinate with the City.

 

Mr. Arevalo interjected that the information about the contractor moving the building was new to him. He cautioned that if the house was classified as a dangerous building, he would recommend that the house be demolished instead moved off of the property to avoid dangerous buildings from being relocated within the city, which does not necessarily eliminate the problem.

 

There was a discussion between Ms. Scully and Ms. Samora about the understanding of the demolition of the structures, not moving them.

 

Mr. Arevalo added that if the home was moved outside of League City and the foundation was removed, the city’s requirement would be met. However, caution was emphasized about moving the house to a nearby community as well.

 

Ms. Beasley stated that the discussion brings to light a serious cost to demolish the building and asked if cost was going to become an issue.

 

Ms. Samora responded in the affirmative and asked what would happen if the property owner could not pay for the demolition.

 

Ms. Scully asked if a lien is placed on the property, if the city demolishes the building.

 

Mr. Arevalo responded in the affirmative.

 

Ms. Scully asked if the lien goes against anyone or whoever is on the deed of record.

 

Mr. Arevalo responded in the affirmative and briefly explained when the lien is collected.

 

Mr. Christiansen asked for any other interested parties to approach the podium. There were none.

 

Mr. Christiansen opened the public hearing 7:10 p.m. There being no speakers, Mr. Christiansen closed the public hearing 7:10 p.m.

 

Mr. Christiansen suggested that the Commission move forward with Findings and the Order.

 

Ms. Beasley asked Mr. Weathered how to proceed with the case since the agenda addresses two structures when the Commission has only seen evidence of the house.

 

Mr. Weathered indicated that it would be best addressed by the Code Compliance Officer.

 

Mr. Arevalo suggested that an estimate for repairs be received before the Commission proceeds with a possible demolition.

 

Ms. Scully asked if Mr. Arevalo was talking about the secondary structure.

 

Mr. Arevalo responded that he was discussing the primary structure and added that he would like to have a matter of course for all structures.

 

Mr. Arevalo added that the difference for this case is that the property representative has testified that she feels the structure should be demolished as well.

 

Ms. Beasley stated that Mr. Arevalo made a valid point, being that there are questions of ownership and if title was properly transferred. She added that it would be preferred for the City to have all appropriate and supportive documentation if it becomes the city’s responsibility to demolish the structure.

 

Ms. Scully asked if each dangerous buildings case will now be heard twice, 30 days apart for the city to wait on a contractor’s bid.

 

There was a discussion regarding the benefits of staff gathering contractor’s estimates for dangerous buildings cases. 

 

Ms. Scully asked if it was the City Attorney’s suggestion that the case be tabled.

 

Mr. Weathered responded no and suggested that since an Owner is present, that findings be made with a decision of demolition, repair, or compliance hearing in which the order can be signed off and delivered to the Owner tonight.

 

Ms. Benoit asked if the Order tonight would discuss the residence, with the garage being discussed at the next meeting.

 

Mr. Weathered responded that he agreed with the Commission and to address it in Item 3B. of the order.

 

Ms. Scully asked if there was any way in the findings that the secondary structure is made secure until the secondary structure is heard before the Commission.

 

Ms. Beasley asked if staff had previously testified that the site was secure.

 

Mr. Banks responded in the affirmative.

 

Mr. Christiansen stated that the Commission would consider the evidence.

 

Ms. Beasley stated that Gloria Samora was added as the Owner / Lienholder present, identified the residential structure and address in Item 3.B., and indicated that the presentation given labeled items 1, 3, 4 and 6 in section.

Mr. Christiansen moved on to Item IV, the Orders.

 

Item #1

The item was marked.

 

Item #2

Item was not applicable.

 

Item #3

Item was not applicable.

 

Item #4

The item was marked.

 

Item #5

The item was marked for the determination for demolition with a completion date of April 1, 2013.

 

Item #6

Item was not applicable.

 

Item #7

Item was not applicable.

 

Item #8

Item was not applicable.

 

Item #9

The item was marked with a follow up hearing on April 4, 2013.

 

Item #10

The item was not marked.

 

Item #11

Item was not applicable.

 

Mr. Christiansen continued to Item V.

 

Item #1

The item was marked.

 

Item #2

The item was marked.

 

Mr. Christiansen continued to Item VI.

 

The item was marked as a compliance order.

 

There was a discussion about the primary and secondary structure for the proposed compliance orders.

 

Mr. Christiansen asked if there were any questions on the order. There being none he called for a vote.

 

The motion passed unanimously with a vote of 4-0-0.

 

B.     Hold a public hearing and take action on BASC13-04 (2925 Forest Hills), to determine whether a building or structure is a dangerous building, and issue any order(s) determined necessary to address such conditions per 22-331 et. seq. of the League City Code of Ordinances on property located at 2925 Forest Hill, League City, Texas 77573, legally described as Lot 13, Block 5 of the Meadow Bend Subdivision, in League City, Galveston County, Texas, according to the replat thereof recorded in Volume 17, Pages 147 and 148 of the Map Records of Galveston County, Texas.

 

OWNERS/LIENHOLDERS

Charles D. and Patricia Mendel, 2925 Forest Hills Drive, League City, Texas 77573

Carey Frances Mendel, 105 Grand Maison Blvd., Mandeville, LA 70471

Heirs of the Estate of Charles Mendel, Deceased, 2925 Forest Hills Drive, League City, Texas 77573

               And 104 Grand Maison Blvd., Mandeville, LA 70471

David Mendel, 619 Oak Glen Drive, Kemah, Texas 77565

Kristen Marie Mendel, 13031 Park Crossing, #1104, San Antonio, Texas 78217

Pamela Ann Mendel, 13031 Park Crossing, #1104, San Antonio, Texas 78217

Citizens National Mortgage Corporation, 8787 Complex Drive, San Diego, CA 92123-1495

Norwest Mortgage, Inc., Norwest Loan No. 1810855, 405 SW 5th Street, Des Moines, IA 50309

Bank of America, N.A., Successor by merger to LaSalle Bank, N.A., Trustee for Certificate

               Holders of Bear Stearns Asset Backed Securities I, LLC., Asset Backed Certificates, Series 2004-HE11by EMC Mortgage Corporation, Attn: Greg Allen, Vice President, 2780 Lake Vista Drive, Lewisville, Texas 75067

EMC Mortgage Corporation, % Brice Vander Linden & Wernick, PC, Attn: J. Daneice Villarreal,

               9441 LBJ Freeway, Suite 250, Dallas, Texas 75243

Meadow Bend Homeowners Association/Houston Community Management, % Daughtry &

               Jordan, P.C., 17049 El Camino Real, Houston, Texas 77058-2630

Selim Taherzadeh – Substitute Trustee, Bruce, Vander Linden & Wernick, P.C., 9441 LBJ

               Freeway, Suite 250, Dallas, Texas 75243

Steve Leva – Substitute Trustee, Bruce, Vander Linden & Wernick, P.C., 9441 LBJ Freeway,

               Suite 250, Dallas, Texas 75243

David Moon – Substitute Trustee, Bruce, Vander Linden & Wernick, P.C., 9441 LBJ Freeway,

               Suite 250, Dallas, Texas 75243

Suzy Chaney – Substitute Trustee, Bruce, Vander Linden & Wernick, P.C., 9441 LBJ Freeway,

               Suite 250, Dallas, Texas 75243

Cara Featherstone – Substitute Trustee, Bruce, Vander Linden & Wernick, P.C., 9441 LBJ

               Freeway, Suite 250, Dallas, Texas 75243

               And Howard M. Reiner & Associates, Substitute Trustee, 3410 Mercer Street, Houston, Texas 77027

Howard M. Reiner & Associates, Attn: Howard M. Reiner, Administrator In the Estate of Charles

               Dudley Mendel, 3410 Mercer Street, Houston, Texas 77027

               And 5430 LBJ Freeway, Suite 1200, Dallas, Texas 75240

 

Mr. Christiansen states that the Commission has been formally presented with a letter from an attorney for the trust of the property, in which they have asked for a continuance.

 

Mr. Weathered added that the Commission has received a motion for a continuance from the mortgagees counsel, pointing out that the Owner of the property is deceased. They have opened a probate case on this and want an opportunity to have time to inspect the property to make the determination of repair or demolition; part of the request is that re-notification is unnecessary while requesting a copy of the continuance be forwarded to the counsel. A continuance document is prepared if the Commission so chooses to act.

 

Ms. Beasley made a motion to continue this case to the April 4, 2013 meeting.

 

Mr. Christiansen seconded the motion and asked if there was any discussion. There was no discussion.

 

The motion passed unanimously with a vote of 4-0-0.

 

VII. Adjournment

 

Ms. Benoit made a motion to adjourn the meeting.

 

Ms. Beasley seconded the motion.

 

The motion passed unanimously with a vote of 4-0-0.

 

Mr. Christiansen adjourned the meeting at 7:30 p.m.

 

 ___________________________________             ______________________________

Oscar Arevalo                                                              Jim Christiansen,

Building Official, CBO                                                Chair, Zoning Board of Adjustment/          

                                                                          Building and Standards Commission          

 

Date minutes approved: ___________________