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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

May 2, 2013

6:00 PM

Johnnie Arolfo Civic Center

400 West Walker Street

 

 

 

 

 

 

 

 

 

 

 

I.                   Call to order and Roll call of members

 

II.                Approval of Minutes

A.     April 4, 2013

 

III.             The Swearing in of Speakers and Witnesses

 

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

A.     Hold a third 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, SECOND  HEARING WAS CLOSED ON 04-04-2013)

 

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 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; PUBLIC HEARING WAS CONTINUED FROM 04-04-2013 MEETING )

 

OWNERS/LIENHOLDERS

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

   Page 2 of 3

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

May 2, 2013 

6:00 PM

Johnnie Arolfo Civic Center, 400 West Walker Street

 

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

 

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 26TH DAY OF APRIL, 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.

 


   Page 3 of 3

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

May 2, 2013 

6:00 PM

Johnnie Arolfo Civic Center, 400 West Walker Street

 

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 MAY 2, 2013 at 6:00 P.M.

Johnnie Arolfo Civic Center, Ballroom

400 WEST WALKER

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

I.                   Call to order and Roll call of members

 

Ms. Beasley called the meeting to order at 6:10 p.m.

 

Members present:                                                       Members absent:

Amy Beasley, Vice Chair                                            James R. Christiansen, Chair

Elizabeth Scully

Janet Alleman

Katie Benoit

Michael Hendershot*

Charles Rosen

           

City Representatives:

Lonzell Banks, Code Compliance Official

Frank LeBlanc, Code Compliance

Mark Linenschmidt, ZBA Liaison

 

*Ms. Beasley activated Mr. Hendershot as a voting member of the Commission.

 

II.                Approval of Minutes

 

A.     April 4, 2013

 

Ms. Scully made a motion to approve the minutes of April 4, 2013.

 

Mr. Rosen seconded the motion.

 

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

 

III.             Swearing in of Witnesses

 

Ms. Beasley asked Mr. Weathered to swear in the witnesses.

 

Mr. Weathered swore in the witnesses.

 

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

A.     Hold a third 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, SECOND  HEARING WAS CLOSED ON 04-04-2013)

 

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. Banks, Code Compliance Official, updated the Board on the case. He indicated that Mr. Robbins had not contacted staff on April 30th, 2013, according to the last meeting?s order. In addition, staff attempted to communicate with Mr. Robbins on May 1st with no response.

 

Ms. Beasley asked if the city had any recommendations.

 

Mr. Banks responded that staff would adhere to the order whereby penalties could be levied against the Owner should compliance not be met and recommended that penalties be levied.

 

Ms. Beasley asked Mr. Weathered for his recommendation.

 

Mr. Weathered responded that the order before the Commission was a different type of order that would handle the merits of the case. Mr. Weathered began going over the order for the Commission.

 

Mr. Weathered asked Mr. Banks if there had been previous work done on the roof and foundation.

 

Mr. Banks responded in the affirmative.

 

Mr. Weathered asked Mr. Banks if staff had been able to observe any other repairs.

 

 Mr. Banks responded in the affirmative. He indicated that inspections had been performed to verify the foundation and roof repairs. He added that the windstorm certification was provided at the last meeting as well.

 

Mr. Weathered asked Mr. Banks to confirm that there was a windstorm certification with the work on the roof and there was work on the foundation.

 

Mr. Banks responded in the affirmative.

 

Mr. Weathered asked if there was any other work found completed.

 

Mr. Banks responded that there had not been any additional work performed.

 

Mr. Weathered continued going over the order.

 

There was a discussion centered on the Owner?s compliance with the order.

 

Mr. Weathered asked Mr. Banks if, according to the prior order, the property was secure and no persons needed to be removed from the property.

 

Mr. Banks responded in the affirmative.

 

Mr. Weathered asked if the property has been posted.

 

Mr. Banks responded that the property had not been posted since the case is a repair situation.

 

Mr. Weathered continued going over the order.

 

Ms. Scully asked if the penalty fee was $10 per violation or $10 in total.

 

Mr. Weathered responded that it was in total and that it would be a civil penalty.

 

Ms. Scully asked about the blank regarding the penalty amount not to exceed on the order.

 

Mr. Weathered responded that it comes in where the property is in a non-homestead situation in which it is sometimes inadvertent.

 

Ms. Scully asked if the Commission had to fill in the blank.

 

Mr. Weathered responded in the negative and recommended the item as non-applicable.

 

Ms. Scully asked if the Owner was at a stage of repairs where the case could be closed without prejudice in which the items would revert to Code Compliance.

 

Mr. Banks responded that it was his preference to have the case continued in order to have access to the property. He added that Code Compliance would have to obtain a search warrant in order to gain further access to the property.

 

Ms. Scully asked if the order would be for another compliance hearing or final order.

 

Mr. Banks responded that the options were to have a continuance, order a compliance hearing or make a final order.

 

Ms. Scully asked if a compliance hearing is chosen, does the Commission give the Owner a specified number of days to complete the work and how does the city enforce a compliance order.

 

Mr. Weathered responded that it would be done through staff and the city attorney?s office. Ordinarily, staff files the order and it becomes part of a civil penalties/lien. On this case, this can still be a compliance order with the penalties being $10 a day until they provide the information or they comply with the prior order.

 

Ms. Scully asked if there was a deadline the Commission needed to set for a compliance order.

 

Mr. Weathered responded that it refers back to the prior paragraph to set the compliance hearing. He added that if the Commission chose to do that they could set a compliance hearing for next month and assess $10 a day, the daily maximum, until he allows inspection and shows full compliance with the prior order. Mr. Weathered asked Mr. Banks if that was accurate.

 

Mr. Banks responded in the affirmative and added that Code Compliance has the option of issuing citations that would require compliance in the event the Owner does not comply.

 

Ms. Scully asked if number one on Page 3 was not applicable since there were no persons to be removed.

 

Mr. Weathered responded in the affirmative.

 

Ms. Beasley read the aforementioned explanation of item on the order. She then asked if the intent of the item was to make sure that no one was within the structure as it relates to a dangerous building or if it was to gain access to the structure to perform an inspection.

 

There was a discussion about the intent of the item and how it did not apply to this property.

 

Ms. Beasley indicated that she felt like the Commission should provide one more month for the Owner, before any negative actions should be decided, but noted the greatest concern for the property in the current state was fire, both for the occupants and the firefighters, especially since there were emergency ingress and egress issues.

 

Ms. Beasley suggested that repairs be completed no later than Friday, May 31st, with the meeting being the next Thursday on June 6th.

 

Ms. Beasley then asked Mr. Weathered if he had any additional recommendations to the order.

 

Mr. Weathered indicated that Code Compliance had noted that they were having difficulties determining compliance by not inspecting the interior of the house and that staff possibly be allowed inside the structure for inspection. He then asked if staff it was their desire to inspect the property on June 1st.

 

Ms. Scully responded that the 1st was a Saturday, but June 3rd would be Monday.

 

Ms. Benoit asked if there needed to be any documentation with that on interior repairs.

 

Ms. Beasley indicated she believed that the interior repairs were not something that required a 3rd party inspection such as the foundation repair.

 

Mr. Banks added, in the event staff can gain access, staff would document the inspection with photos and make sure all of the correction and repairs that were identified were performed.

 

Ms. Scully asked if this was standard procedure for staff on these types of inspections.

 

Mr. Banks responded in the affirmative.

 

Mr. Weathered asked Mr. Banks if the Owner would need to get permits to do the repairs.

 

Mr. Banks responded that plumbing issues would require a permit to be issued through the Building Department and indicated that no permits for repair work have been performed other than for those repairs already made.

 

Ms. Beasley asked how much time in advance does the Owner need to have permits before staff?s inspection on the 31st.

 

Mr. Banks responded that inspections can be provided on the same day.

 

Mr. Weathered summarized to the Commission as to how they would add it to the order.

 

There was a discussion on Article V of the order.

 

Ms. Beasley stated that the order was a compliance order.

 

Ms. Beasley summarized the order for the Commission.

 

Mr. Weathered indicated there was a date missing and that the Commission had determined June 3rd as a date.

 

Ms. Beasley asked which item was missing.

 

Mr. Weathered responded that it was for number 10.

 

There was a brief discussion that the item was to allow staff inspection of the structure no later than June 3, 2013.

 

Ms. Beasley continued summarizing the order.

 

Ms. Scully made a motion to accept the compliance order as discussed.

 

Ms. Alleman seconded the motion.

 

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

 

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. (PUBLIC HEARING WAS CONTINUED FROM 03-07-2013 MEETING; PUBLIC HEARING WAS CONTINUED FROM 04-04-2013 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. Banks updated the Commission. The attorney for the lienholder [Ms. Cristina Camarata] had provided an appraisal. The estimate provided was in the amount of $54,500.00 in which the intent is to repair the structure and that they were in the process of having bids submitted. Mr. Banks also indicated that Ms. Camarata had requested a continuance to the next meeting to discuss the repairs.

 

Ms. Beasley asked if anyone on the Commission had any questions for Mr. Banks.

 

Ms. Benoit asked if they [the lienholders] wanted another 30 days to give a list of repairs that are to be done.

 

Ms. Beasley indicated that Ms. Camarata had provided a copy of an appraisal to determine an approximate repair cost. She added that the attached e-mail indicates that the attorney for the lienholder [Ms. Camarata] was ill and unable to attend the meeting and that they have put out for bids on the repair work.

 

Ms. Benoit asked if the lienholders were going to fix it would they wait another 30 days or are they going to begin repairs.

 

Ms. Beasley indicated that the attorney [Ms. Camarata] does live in League City and that staff could contact her to assure her that there would be no need to hesitate to begin the work. Ms. Beasley asked Mr. Banks if he could clarify that with the attorney.

 

Ms. Beasley asked for any comments about granting an extension or a motion for granting an extension.

 

Ms. Beasley made a motion to grant a continuance until the June 6th, 2013 meeting.

 

Ms. Alleman seconded the motion.

 

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

 

V.                Adjournment

 

Ms. Scully made a motion to adjourn the meeting.

 

Mr. Rosen seconded the motion.

 

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

 

Ms. Beasley adjourned the meeting at 6:50 p.m.

 

 

 

 ___________________________________         ______________________________

Lonzell Banks                                                   Amy Beasley,

Code Compliance Official                                  Vice-Chair, Zoning Board of Adjustment/Building and Standards Commission 

 

         

Date minutes approved: ___________________