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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

April 4, 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.     March 7, 2013

 

III.             The Swearing in of Speakers and Witnesses

 

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

A.     Hold a public compliance hearing with possible action on BASC13-02 (1018 Sunset), to determine whether a building or structure is a dangerous building, and issue any order(s) determined necessary, including imposition of civil penalties, 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.(INITIAL PUBLIC HEARING WAS CONTINUED FROM 02-07-2013, INITIAL PUBLIC HEARING WAS CLOSED ON 03-07-2013)

 

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

 

B.     Hold a public compliance hearing with possible action on BASC13-03 (2800 Virginia Avenue), in furtherance of demolition determination of the primary building or structure, and further determination of whether additional accessory structure (garage) is a dangerous building, and issue any further 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

               Page 2 of 3

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

April 4, 2013 

6:00 PM

Council Chambers, 200 West Walker Street

 

                 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

 

C.     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. (PUBLIC HEARING WAS CONTINUED FROM 03-07-2013 MEETING)

 

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

  Page 3 of 3

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

April 4, 2013 

6:00 PM

Council Chambers, 200 West Walker Street

 

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

 

V.                 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 29TH 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.

 

 

 

__________________________________________             

OSCAR AREVALO, CBO

BUILDING OFFICIAL        

 

MINUTES

CITY OF LEAGUE CITY

ZONING BOARD OF ADJUSTMENTS/

BUILDING AND STANDARDS COMMISSION

REGULAR MEETING

THURSDAY April 4, 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                                                               Michael Hendershot

Elizabeth Scully

Katie Benoit

Charles Rosen

           

City Representatives:

Oscar Arevalo, Building Official

Lonzell Banks, Code Compliance Official

Chris Torres, Code Compliance

 

II.                Approval of Minutes

 

A.     March 7, 2013

 

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

 

Ms. Beasley seconded the motion.

 

The motion passed unanimously with a vote of 5-0-0, 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.              Public Hearings and Action Items from Public Hearings (BASC)

 

A.     Hold a public compliance hearing with possible action on BASC13-02 (1018 Sunset), to determine whether a building or structure is a dangerous building, and issue any order(s) determined necessary, including imposition of civil penalties, 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.(INITIAL PUBLIC HEARING WAS CONTINUED FROM 02-07-2013, INITIAL PUBLIC HEARING WAS CLOSED ON 03-07-2013)

 

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, Building Official, updated the Board on the case. The foundation of the structure has been repaired and the Owner has begun the remaining repairs. Mr. Arevalo indicated that no inspections have been performed at this time, and recommended that the Owner provide proof of progress through documents or photographs.

 

Mr. Christiansen asked Mr. Robbins to approach the podium.

 

Mark Robbins, 1018 Sunset Circle, indicated that there were a few issues with the foundation company, which were addressed. Due to family issues, he was not prepared to present any information in the form of documents or photographs to the Commission at this time.

 

Mr. Christiansen asked Mr. Robbins to address some of the issues from memory.

 

Mr. Robbins noted miscellaneous sheetrock and plumbing repairs, the repointing of mortar joints, soffit work and re-caulking of windows. He continued by estimating that it would take 3 weeks to finish all of the remaining items by himself. He noted that outside help by contractors would be a limited due to financial restraints.

Ms. Beasley asked Mr. Robbins if he had enough time for the repairs to be made and for the City come out to inspect to report by Thursday, May 2nd.

 

Mr. Robbins responded in the affirmative.

 

Mr. Christiansen asked the Commission if there were any additional questions for Mr. Robbins. There being none, Mr. Christiansen said Mr. Robbins could sit down.

 

Mr. Weathered stated that there had been some changes, to attempt to adapt another facts situation and offered to go over the changes with the Commission.

 

Ms. Scully asked if the order done last month stated that a status report had to be done 3 days prior to the meeting.

 

Mr. Weathered responded that a report was required.

 

Ms. Scully asked Mr. Robbins to approach the podium. Ms. Scully restated to Mr. Robbins the requirement that a status report be presented to the Commission at this meeting and asked for his reasoning why the report was not provided.

 

Mr. Robbins replied that he had no excuses.

 

Mr. Christiansen asked Mr. Weathered to continue with the proposed order.

 

Mr. Weathered briefly summarized the changes to the order.

 

Ms. Beasley asked if an inspection of the foundation is part of the foundation permitting process, after the repairs were made.

 

Mr. Arevalo responded that in the case of this type of foundation repair, inspection was not really possible, but the city did require the foundation contractor provide an engineered report, which was received and is standard procedure. Mr. Arevalo added that Mr. Robbins was in possession of the windstorm certification for the roof which is another critical document needed by the Building Department to be supplied to the Building Department.

 

Mr. Robbins added that he has pictures of the foundation while it was being repaired.

 

Mr. Christiansen recommended the Commission go through the findings. Mr. Christiansen moved onto Page 3, item c. where he indicated that the Commission had evidence that the foundation had been repaired and a windstorm certification for the roof.

 

Ms. Beasley asked if the windstorm certification had already been provided to the city or was going to be provided to the city.

 

Mr. Arevalo indicated that he would receive the certification at tonight?s meeting.

 

Mr. Christiansen indicated that he though item d, on Page 3, should be marked that the Owner has provided evidence of repairs and should be granted more time to complete the ordered repairs.

 

Ms. Beasley agreed.

 

Mr. Christiansen continued onto Item IV: Orders

 

Item #1

The item was marked.

 

Item #2

Item was not marked.

 

Item #3

Item was not marked.

 

Item #4

Item was not marked.

 

Item #5

The item was marked for the determination for repairs with a completion date of April 30, 2013 by 5 pm.

 

Mr. Arevalo added that he would recommend that staff make a physical inspection of the property prior to the next meeting.

 

Mr. Christiansen asked if one or two days prior to the next meeting sufficient time to perform the inspection.

 

Mr. Arevalo responded that it was for staff, but it would be up to the Owner to contact the city to come for the inspection since it is an occupied home.

 

Item #6

Item was not applicable.

 

Item #7

Item was not applicable.

 

Item #8

Item was not applicable.

 

Item #9

The item was marked for a compliance hearing on May 2, 2013 at 6 p.m.

 

Item #10

The item was marked.

 

Item #11

Item was not applicable.

 

Mr. Christiansen continued to Item V.

 

Ms. Beasley stated that the next section of the Order addressing demolition was not applicable.

 

Mr. Christiansen continued to Item VI.

 

Ms. Beasley asked if penalties are recommended to be assessed at the next meeting, then would it be addressed in the order now or at the next meeting.

 

Mr. Weathered responded that it would be addressed at the next meeting. He explained that the order for tonight?s meeting was prepared for non-compliance with the prior order and was meant to be assessed at tonight?s meeting. He recommended that a condition on #10 of the orders that civil penalties may be assessed for non-compliance with this Order. Item 10 was marked with the condition that civil penalties may be assessed for non-compliance with this Order.

 

Mr. Christiansen indicated that #2 in Item VI. would be marked to indicate that the building had not been brought into full compliance by the specified date [today].

 

Ms. Scully asked if the home had a homestead exemption or not.

 

Ms. Beasley replied that the Commission had been given testimony that the Owner?s brother lives in the residence.

 

Mr. Christiansen asked Mr. Robbins if the house had a homestead exemption.

 

Mr. Robbins replied in the affirmative.

 

There was a discussion regarding the penalty assessment.

 

Ms. Beasley asked Mr. Robbins that, whatever the status of the property is, to get with the city on April 29th to get the city to come out and inspect to avoid having any penalties assessed.

 

The order was identified as a compliance order.

 

Ms. Beasley re-read the proposed order for the Commission.

 

Ms. Beasley made a motion to the information presented.

 

Ms. Scully seconded the motion.

 

The motion passed unanimously with a vote of 5-0-0.

 

Mr. Weathered suggested that signed copies be provided to the Owner while he is still in attendance.

 

Mr. Christiansen called a short recess to sign the order at 6:46 p.m.

 

Mr. Christiansen called the Commission back to order at 6:50 p.m.

 

B.     Hold a public compliance hearing with possible action on BASC13-03 (2800 Virginia Avenue), in furtherance of demolition determination of the primary building or structure, and further determination of whether additional accessory structure (garage) is a dangerous building, and issue any further 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, Building Official, updated the Board on the case. The previous meeting discussed the primary structure and additional pictures have been provided to discuss the garage. Mr. Arevalo handed the presentation to Mr. Lonzell Banks, Code Compliance Official.

 

Mr. Banks presented the photographs taken of the garage structure.

 

Mr. Arevalo added that the garage structure does not appear to be anchored to the ground. In addition, he indicated that it was not a desired outcome where an accessory structure remains after a primary structure is demolished; however it may be the case in this instance if it is not declared as a dangerous building.

 

Mr. Weathered asked Code Compliance if there was an alleged violation to Chapter 22-334, subsection 1.

 

Mr. Banks responded in the affirmative.

 

Mr. Weathered asked if there were any additional violations that Code Compliance is alleging against this property.

 

Mr. Banks indicated that number 11 would apply as well.

 

Ms. Beasley asked if number 2 would apply due to the windstorm requirements.

 

Mr. Arevalo added that the amount of the determination could be severe as staff could not see behind the siding. He believed that it may not be in the best interest of the Owner to repair the structure due to previously stated financial difficulties.

 

Mr. Christiansen asked if that was all for the city?s presentation.

 

Mr. Arevalo responded in the affirmative.

 

Mr. Christiansen asked if there were any property owners were in the room and if they could come forward to the microphone.

 

Gloria Samora, 5126 Chase Court Drive, Bacliff, Texas and Erica Rodriquez, 5417 FM 517, Dickinson, Texas came to the podium.

 

Mr. Christiansen asked the property owners to state their intent for the property.

 

Ms. Rodriguez stated that it was their intent to demolish the structures. She indicated that they had already had discussions with Mr. LeBlanc and that if the primary structure is to be demolished they might as well demolish the second structure.

 

Ms. Samora indicated that at the last month?s meeting, there was no question that the house needed to be demolished. Ms. Samora?s niece (Ms. Rodriguez), the Owner of the house, had spoken with Mr. LeBlanc about the city demolishing the structures.

 

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

 

Ms. Scully asked if the order tonight discussed the primary and the secondary structures.

 

Mr. Arevalo indicated that the order would be for both buildings.

 

Ms. Scully asked if the findings needed to be done for each structure or if they could be done together.

 

Mr. Weathered added that the order for the Commission concerns only the garage structure because it already incorporates the findings of last month?s hearing where the Owner agreed that the primary structure needed to be demolished and is referenced.

 

Mr. Christiansen asked Mr. Weathered if the public hearing was closed for the last meeting.

 

Mr. Weathered indicated that the hearing was not closed and the order is a non-standard order and briefly summarized the order from the last meeting and the proposed order. Mr. Christiansen opened the public hearing at 7:06 p.m.

 

With no one speaking, Mr. Christiansen closed the public hearing at 7:06 p.m.

 

Ms. Scully asked if the Commission was looking at the final order to determine a date for the structures to be demolished on Page 5 of the order.

 

Ms. Beasley asked if the primary structure was demolished on April 1st.

 

Mr. Weathered indicated the structure was not demolished.

 

Ms. Beasley asked if her understanding was correct, being that the Commission would decide the date both structures would be demolished and that the Owners would be deferring to the City to demolished the structures.

 

Mr. Arevalo responded in the affirmative.

 

Mr. Weathered added that the order would not be directed at the city, but at the property owners.

 

Ms. Rodriguez added that it was not that they were unwilling, but unable to demolish the structure.

 

Ms. Scully asked if the site was secure and proper notification provided for no trespassing.

 

Mr. Banks responded that the property is secure and has been posted.

 

Ms. Beasley indicated that in Item III of the order.

 

Item #1

The item was marked.

 

Item #2

The item was marked.

 

Item #3

The item was not applicable.

 

Item #4

The item was not applicable.

 

Item #5

The item was not applicable.

 

Item #6

The item was not applicable.

 

Item #7

The item was not applicable.

 

Item #8

The item was not applicable.

 

Item #9

The item was not applicable.

 

Item #10

The item was not applicable.

 

Item #11

The item was marked.

 

Item #12

The item was not applicable.

 

Item #13

Item was not applicable.

 

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

 

Item #1

The item was marked.

 

Item #2

Item was not applicable.

 

Item #3

Item was marked with a date of May 6, 2013 being given to remove all persons or property from the structure.

 

Item #4

The item was not applicable.

 

Item #5

The item was marked with May 6, 2013 being supplied as the date for a demolition.

 

Item #6

Item was not applicable.

 

Item #7

Item was not applicable.

 

Item #8

Item was not applicable.

 

Item #9

Item was not applicable.

 

Item #10

Item was marked with a condition that Owner(s) agree and stipulate that demolition is appropriate for both the primary and secondary structures.

 

Item #11

Item was not applicable.

 

Under V.: Special Additional Findings for Demolition If Applicable.

 

Item #1

Item was not applicable.

 

Item #2

Item was marked.

 

Mr. Christiansen indicated that this will be a Final Order.

 

Ms. Scully identified to the property owners that they would be provided a copy of the order.

 

The motion passed unanimously with a vote of 5-0-0.

 

Mr. Christiansen called a short recess to sign the order at 7:19 p.m.

 

Mr. Christiansen called the Commission back to order at 7:28 p.m.

 

C.     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. (PUBLIC HEARING WAS CONTINUED FROM 03-07-2013 MEETING)

 

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 indicated that the Commission has received a letter from the attorney representing the estate and has asked for another continuance because they need additional time to properly inspect the property.

 

Ms. Beasley asked for a city representative to give their thoughts on the intent of the party for the Owners since they have met with them.

 

Mr. Banks responded that the representative indicated that a continuance is being further requested since they could not gain access to the property in a timely manner. He recommended to the Owner?s representative that they have a representative at the hearing since only the Building and Standards Commission could grant a continuance. He also recommended that staff prepare a cost estimate to the Commission by the next meeting to assist in the determination for the order.

 

Mr. Christiansen asked Mr. Weathered if he had any comments.

 

Mr. Weathered indicated that he saw people in the audience and asked the audience if anyone had an interest in the case.

 

Ms. Cristina Camarata, an attorney with Buckley Madole, 9441 LBJ Freeway, Suite 250, Dallas, Texas 75243, representing the bank, the lienholders of the property. She indicated that they were working with the representatives of the estate to gain access to the property and that the delay is scheduling a time with the representative and an inspector at the property. 

 

Ms. Beasley asked that if this would be done by next month.

 

Ms. Camarata responded that they are attempting to complete it by the next meeting.

 

Mr. Weathered added that from a city?s perspective, under the code of criminal procedure, the Building Official could obtain an administrative search warrant being based on Code Compliance?s testimony to move the process forward by obtaining another search warrant for to get an estimate of repairs. He noted that the Commission had several options available, being: 1) consider the continuance and grant or not grant it; 2) notify the owner and lienholders that there will be no other continuances granted; and, 3) there is a provision for the assessment of civil penalties if the Commission?s orders are not complied with.

 

Mr. Christiansen asked if the Commission were to grant the continuance, could a condition be placed on it that would allow the city to have access.

 

Mr. Weathered responded that while staff was in attendance at this meeting the Commission can make a request that staff to move forward with a cost estimate and secure the proper processes for that.

 

Ms. Beasley made a motion to grant the continuance.

 

Ms. Scully seconded the motion.

 

There was a discussion regarding access to the property and the exterior of the property.

 

Ms. Beasley amended her motion to include the direction to the city to get an estimate for repairs to the building by the next regularly scheduled meeting.

 

Ms. Scully amended her second.

 

Mr. Weathered added that the continuation would not be for a full 30 days, but until 6:00 p.m. on Thursday, May 2, 2013.

 

The motion passed unanimously with a vote of 5-0-0.

 

V.                Adjournment

 

Ms. Beasley made a motion to adjourn the meeting.

 

Ms. Scully seconded the motion.

 

The motion passed unanimously with a vote of 5-0-0.

 

Mr. Christiansen adjourned the meeting at 7:40 p.m.

 

 

 

 ___________________________________             ______________________________

Oscar Arevalo                                                              Jim Christiansen,

Building Official, CBO                                                Chair, Zoning Board of Adjustments / Building and Standards Commission   

 

 

Date minutes approved: ___________________