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logo2013

Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

February 6, 2014

6:00 PM

City Council Chambers

200 West Walker Street

 

 

 

 

 

 

 

 

 

 

 

I.                   Call to order and Roll call of members

 

II.                Approval of Minutes

A.     December 5, 2013

B.     January 9, 2014

 

III.             The Swearing in of Speakers and Witnesses

 

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

A.     Hold a fifth public compliance hearing with possible action on BASC13-05 (211 Perkins Street), 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 211 Perkins Street, League City, Texas 77573, legally described as a portion of Lots 8 and 9, Block 5 of the Galveston County Farms Subdivision, in League City, Galveston County, Texas, according to the map or plat thereof, recorded in Volume 192, Page 274 of the Map Records of Galveston County, Texas. (INITIAL PUBLIC HEARING WAS CLOSED ON 06-06-2013; SECOND  HEARING WAS CONTINUED ON 08-01-2013; PUBLIC HEARING WAS CONTINUED ON 09-05-2013; PUBLIC HEARING WAS CONTINUED ON 10-03-2013; PUBLIC HEARING WAS CONTINUED ON 11-07-2013; PUBLIC HEARING WAS CONTINUED ON 1-09-2014)

 

OWNERS/LIENHOLDERS

Mary Jennette Jackson Hunnicutt, 807 South Post Oak Lane, Houston, Texas 77056

And 211 Perkins Avenue, League City, Texas 77573

Lester Housh Jackson, 807 South Post Oak Lane, Suite 214, Houston, Texas 77056

And 211 Perkins Avenue, League City, Texas 77573

And 217 Perkins Avenue, League City, Texas 77573

And 3820 Danbury Drive #1906, Arlington, Texas 76016

Clifford A. Jackson, 3817 Richmond, Suite 100, Houston, Texas 77056

And 211 Perkins Avenue, League City, Texas 7757

And 15721 Serendipity Trail, Plantersville, Texas 77363

Estate of Mable P. Jackson, c/o Mary J. Jackson Hunnicutt, 807 South Post Oak Lane,

Houston, Texas 77056

 

B.     Hold a fifth public compliance hearing with possible action on BASC13-07 (404 West FM 646), 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 404 West FM 646, League City, Texas 77573, legally described as a portion of the western half of Lot 32, of Addition “D” to the Town of Dickinson, in League City, Galveston County, Texas, according to the map thereof recorded in Volume 155, Page 10 in the Office of the County Clerk of Galveston County, Texas. (INITIAL PUBLIC HEARING WAS CONTINUED FROM

 


 

 

Page 2 of 4

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

February 6, 2014 

6:00 PM

Council Chambers, 200 West Walker Street

 

06-06-2013; PUBLIC HEARING WAS CONTINUTED FROM 08-01-2013 MEETING; PUBLIC HEARING WAS CLOSED ON 09-05-2013; PUBLIC HEARING WAS CONTINUED ON 10-03-2013; PUBLIC HEARING WAS CONTINUED ON 11-07-2013; PUBLIC HEARING AS CONTINUED ON 1-09-2014)

 

OWNERS/LIENHOLDERS

The Crown Enterprises, Inc., a Tennessee corporation, c/o P.O. Box 969, Kingsport, Tennessee

37662

And c/o Real Estate Department, P.O. Box 869, Warren, Michigan 48090-0869

The Crown Enterprises, Inc., Assignor, Attn: E. William King, VP and Treasurer, c/o P.O. Box

969, Kingsport, Tennessee 37662

Crown Enterprises, Inc., Attn: Barry Evans, Attorney at Law, 550 North Egret Bay Boulevard,

Suite 100, League City, Texas 77573-2947

Crown Enterprises, Inc., Attn: Larry Jacobs, Portfolio Manager, 12225 Stephens Road, Warren,

Michigan 48089

Comptroller of Public Accounts, Capital Station, Austin, Texas 78774

JP Morgan Interfunding Corporation, Beneficiary, Attn: Philip D. Weller, Trustee, 522 Fifth

Avenue, New York, New York 10036

JP Morgan Interfunding Corporation, Assignee, Attn: B. Roland Palm, Manager, 522 Fifth

Avenue, New York, New York 10036

And 237 Jefferson, Street, Centerport, New York 11721

The Mason and Dixon Tank Lines, Inc., Lessee, c/o P.O. Box 969, Kingsport, Tennessee 37662

Marshall, Bratter, Greene, Allison & Tucker, Attn: Benet Polikoff, Jr., Esquire, 430 Park Avenue,

New York, New York 10022

Marshall, Bratter, Greene, Allison & Tucker, Attn: Carol Johnson, 430 Park Avenue, New York,

New York 10022

 

C.     Hold a public hearing with possible action on BASC14-01 (220 Englewood Dr), 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 220 Englewood Drive, League City, Texas 77573, legally described as lot twenty-three, block six of the Pecan Forest Subdivision, Section 2, a subdivion in Galveston County, Texas, according to the map thereof recorded in Volume 10, Page 53 in the Office of the County Clerk of Galveston County, Texas.


 

Page 3 of 4

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

February 6, 2014 

6:00 PM

Council Chambers, 200 West Walker Street

 

OWNERS/LIENHOLDERS

Cora Ina Keith (deceased May 6, 1995) 220 Englewood Dr, League City, Texas 77573

Donna M. Keith, 220 Englewood Dr, League City, Texas 77573

Mark Robbins aka Mark Stuart Robbins, Independent Executor, 1018 Sunset Circle, League City, Texas 77573

Mark S. Robbins, 220 Englewood Dr, League City, Texas, 77573

Douglas Alan Keith, 220 Englewood Dr, League City, Texas 77573

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

Donald Rodney Wooton, 2350 County Road 289, Gonzales, Texas 78629

Sandy Wooton, 2350 County Road 289, Gonzales, Texas 78629

Kevin A. Sunn, Attorney for Mark Robbins, 1560 W. Bay Area Blvd., Suite 260, Friendswood, Texas 77546

And Law Offices of Kevin Sunn, PLLC, 712 Main Street, Suite 1550, Houston, Texas 77002

 

D.     Hold a public hearing with possible action on BASC14-02 (219 West Saunders), 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 219 West Saunders, League City, Texas 77573, legally described as the surface only of lot forty-four (44) of Patton Subdivision, save and except the southwest one-half foot of lot forty-four, Patton Subdivision, a subdivision of a part of 20 acre tract out of the S.F. Austin League, Survey #3, in Galveston County, Texas, according to the map or plat thereof recorded in volume 254-A, page 66 of the map of records in the office of the County Clerk of Galveston County, Texas.

 

OWNERS/LIENHOLDERS

Daniel Garcia, 14603 Cardinal Creek Ct, Houston, Texas, 77062-2127

Angela Garcia, 14603 Cardinal Creek Ct, Houston, Texas, 77062-2127

Duane Young, 2805 Cemetery Road, Santa Fe, Texas, 77517

Lionel Young, 2805 Cemetery Road, Santa Fe, Texas, 77517

Barbara Blake Young, 2805 Cemetery Road, Santa Fe, Texas, 77517

Merchants Bank, Attn: Dean Starnes, Trustee, P.O. Box 690, League City, Texas, 77573

Merchants Bank, Attn: Steve Nicklow, Trustee, 2051 W Main Street, League City, Texas 77573

Mary S. Tourenq, Trustee MacNaughton, Burdzinski, Tourenq & Yow, 6750 West Loop South, Suite 800, Bellaire, Texas 77401

Steven V. Resnick, Beneficiary, P.O. Box 1015, League City, Texas 77574

Hollis E Resnick, Beneficiary, P.O. Box 1015, League City, Texas 77574

Marvin L. Rader & Associates, 622 W Main St, League City, Texas 77573

Regions Bank, Attn: Collateral Management Area, Attn: Marc C Coody, Jr., P.O. Box 1984, Birmingham, Alabama, 36201

City of League City, Attn: Lonzell Banks, Code Compliance, 300 West Walker Street, League City, Texas 77573

Page 4 of 4

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

February 6, 2014 

6:00 PM

Council Chambers, 200 West Walker Street

 

E.     Hold a public hearing with possible action on BASC14-03 (241 S FM 270), 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 241 S FM 270, League City, Texas 77573, legally described as a Unrestricted Reserve “A” of Shake’s, League City, a subdivision in Galveston County, Texas, according to the map or plat thereof recorded under plat record volume 2003A, Page 52, of the map records of the Galveston County, Texas, being a 0.899 acres unrestricted reserve out of Unrestricted Reserve “C” of the partial replat of Clear Creek Square as recorded in volume 18, page 887 and 888 of the map records of the real property of Galveston County, Texas.

 

OWNERS/LIENHOLDERS

J & C Roberts Corp., Texas Corporation, 1302 Mississippi, Joplin, MO, 64804

Webb City Bank, P.O. Box 510, Webb City, MO 64870

Richard J. Collins, Trustee, 5957 E 20th, Joplin, MO, 64804

City of League City, Attn: Lonzell Banks, Code Compliance, 300 West Walker Street, League City, Texas 77573

 

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 31th DAY OF JANUARY, 2014 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.

 

 

__________________________________________                             

LONZELL BANKS                                                   

CODE COMPLIANCE OFFICIAL                         

 

MINUTES

CITY OF LEAGUE CITY

ZONING BOARD OF ADJUSTMENTS/

BUILDING AND STANDARDS COMMISSION

REGULAR MEETING

THURSDAY, FEBRUARY 6, 2014 at 6:00 P.M.

COUNCIL CHAMBERS*

400 WEST WALKER STREET

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

* The meeting was held in the Civic Center Ballroom at 400 West Walker Street. Notices were posted on the front doors of the posted meeting space.

 

I.                   Call to order and Roll call of members

 

Mr. Christiansen called the meeting to order at 6:08 p.m.

 

Members present:                                                       Members absent:

James R. Christiansen, Chair                                       Janet Alleman

Amy Beasley, Vice Chair                                            Elizabeth Scully

Katie Benoit                                                                                                                            

Michael Hendershot

           

City Representatives:

Lonzell Banks, Code Compliance Official

Frank LeBlanc, Code Compliance

Wes Morrison, City Planner

Steve Weathered, City Attorney

 

II.        Approval of Minutes

A.     December 5, 2013

 

B.     January 9, 2014

 

Ms. Beasley made a motion to accept the meeting minutes as presented for the December 5th and January 9th meetings.

 

Ms. Benoit seconded the motion.

 

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

 

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 for the ZBA and 30 days for the BASC after the date of the decision rendered by this board/commission, 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 fourth public compliance hearing with possible action on BASC13-05 (211 Perkins Street), 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 211 Perkins Street, League City, Texas 77573, legally described as a portion of Lots 8 and 9, Block 5 of the Galveston County Farms Subdivision, in League City, Galveston County, Texas, according to the map or plat thereof, recorded in Volume 192, Page 274 of the Map Records of Galveston County, Texas. (INITIAL PUBLIC HEARING WAS CLOSED ON 06-06-2013; SECOND  HEARING WAS CONTINUED ON 08-01-2013; PUBLIC HEARING WAS CONTINUED ON 09-05-2013; PUBLIC HEARING WAS CONTINUED ON 10-03-2013; PUBLIC HEARING WAS CONTINUED ON 11-07-2013; PUBLIC HEARING WAS CONTINUED ON 12-05-2013; PUBLIC HEARING WAS CONTINUED ON 1-9-2014)

 

OWNERS/LIENHOLDERS

Mary Jennette Jackson Hunnicutt, 807 South Post Oak Lane, Houston, Texas 77056

And 211 Perkins Avenue, League City, Texas 77573

Lester Housh Jackson, 807 South Post Oak Lane, Suite 214, Houston, Texas 77056

And 211 Perkins Avenue, League City, Texas 77573

And 217 Perkins Avenue, League City, Texas 77573

And 3820 Danbury Drive #1906, Arlington, Texas 76016

Clifford A. Jackson, 3817 Richmond, Suite 100, Houston, Texas 77056

And 211 Perkins Avenue, League City, Texas 7757

And 15721 Serendipity Trail, Plantersville, Texas 77363

Estate of Mable P. Jackson, c/o Mary J. Jackson Hunnicutt, 807 South Post Oak Lane,

Houston, Texas 77056

 

Mr. Frank LeBlanc, Code Compliance Officer, updated the Board of the property’s current status. The owners are now in compliance with the order and have obtained a permit for the interior remodeling. The city recommends this case be removed from further consideration and have the matter closed. Ms. Hunnicutt called to inform the city that she would not be at the meeting due to her health. Since the property owner was in compliance with the order, her attendance was not required. The city also explained to Ms. Hunnicutt that if they do not carry out the permit and comply with all building codes, the structure could be brought back before the commission.

 

Mr. Christiansen asked the City’s Attorney, Steve Weathered, to sign the order to close the case without prejudice.

 

Mr. Weathered responded in the affirmative; the orders would need to be completed because the original notice was filed.

 

On page 2 of the order, the address should be changed from 200 West Walker Street to 400 West Walker. Also on page 2 under “Appearances for City” it should be corrected for Lonzell Banks and Frank LeBlanc Building Official to Code Compliance.

 

On page 3 section III Findings under section C should be marked with permits obtained and section D should be marked with “Owner has substantially complied.”

 

On page 4 section IV Orders should be marked only on “See Prior Orders which are incorporated by reference unless otherwise noted below.”

 

On page 5 section V Special Additional Findings for Demolition if Applicable should be marked N/A under both item 1 and 2.

 

The last page should be marked “Matter to be closed without Prejudice for Code Enforcement.”

 

Mr. Christiansen asked the board if anyone had any questions.

 

There were none.  

 

Mr. Christiansen made a motion to vote on the Final Order.

 

Ms. Beasley seconded the motion.

 

Ms. Christiansen took a vote on the Final Order to close without prejudice for Code Enforcement.

 

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

 

B.   Hold a fifth public compliance hearing with possible action on BASC13-07 (404 West FM 646), 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 404 West FM 646, League City, Texas 77573, legally described as a portion of the western half of Lot 32, of Addition “D” to the Town of Dickinson, in League City, Galveston County, Texas, according to the map thereof recorded in Volume 155, Page 10 in the Office of the County Clerk of Galveston County, Texas. (INITIAL PUBLIC HEARING WAS CONTINUED FROM 06-06-2013; PUBLIC HEARING WAS CONTINUTED FROM 08-01-2013 MEETING; PUBLIC HEARING WAS CLOSED ON 09-05-2013; PUBLIC HEARING WAS CONTINUED ON 10-03-2013; PUBLIC HEARING WAS CONTINUED ON 11-07-2013; PUBLIC HEARING WAS CONTINUED ON 12-05-2013)

 

OWNERS/LIENHOLDERS

The Crown Enterprises, Inc., a Tennessee corporation, c/o P.O. Box 969, Kingsport, Tennessee 37662

And c/o Real Estate Department, P.O. Box 869, Warren, Michigan 48090-0869

The Crown Enterprises, Inc., Assignor, Attn: E. William King, VP and Treasurer, c/o P.O. Box 969, Kingsport, Tennessee 37662

Crown Enterprises, Inc., Attn: Barry Evans, Attorney at Law, 550 North Egret Bay Boulevard, Suite 100, League City, Texas 77573-2947

Crown Enterprises, Inc., Attn: Larry Jacobs, Portfolio Manager, 12225 Stephens Road, Warren, Michigan 48089

Comptroller of Public Accounts, Capital Station, Austin, Texas 78774

JP Morgan Interfunding Corporation, Beneficiary, Attn: Philip D. Weller, Trustee, 522 Fifth Avenue, New York, New York 10036

JP Morgan Interfunding Corporation, Assignee, Attn: B. Roland Palm, Manager, 522 Fifth

Avenue, New York, New York 10036

And 237 Jefferson, Street, Centerport, New York 11721

The Mason and Dixon Tank Lines, Inc., Lessee, c/o P.O. Box 969, Kingsport, Tennessee 37662

Marshall, Bratter, Greene, Allison & Tucker, Attn: Benet Polikoff, Jr., Esquire, 430 Park Avenue, New York, New York 10022

Marshall, Bratter, Greene, Allison & Tucker, Attn: Carol Johnson, 430 Park Avenue, New York, New York 10022

 

Mr. Frank LeBlanc, Code Compliance Officer, presented the board with an update to the case. The city has been in contact with the owners through email with Craig Stamper. The property owner will have the structure demolished. The email they sent to the city gave a detailed time line for demolition to be completed by March 25. The city recommends the case be reset until the April meeting to allow the property owners time to demolish the building, and if by that date the property owners have not demolished the structure, the city would move forward to have the structure demolished by staff.

 

Mr. Christiansen asked if the Commission had any questions.

 

There were none.

 

Mr. Christiansen asked the city’s attorney if the case should be tabled for two months or if they should go through the order.

 

Mr. Weathered responded that because the property owner tendered a time and scope report that carries through March, his recommendation would be to have the commission do an order and set a compliance hearing where they could determine whether or not they want the property owner to appear if the building has not been demolished.

 

On page 2 of the order, the address should be changed from 200 West Walker Street to 400 West Walker. Also on page 2 under “Appearances for City” it should be corrected for Lonzell Banks and Frank LeBlanc Building Official to Code Compliance.

 

On page 3 section III Findings under section C should be marked with “time & scope report for demolition and clean-up has been provided. Work schedule to be completed by March 25, 2014.

On page 4 section IV Orders it should be marked with “See prior Orders which are incorporated by reference unless otherwise noted below.” Item 9 should be marked with the date of “April 3, 2014” for the meeting.

 

On page 5 section V Special Additional Findings for Demolition if Applicable should be marked N/A for both item 1 and 2.

 

On page 6 section VI Compliance should be marked N/A.

 

On page 7, the last page, it should be marked as “Compliance Order.”

 

Mr. Weathered stated since he was not here in the last hearing and it was brought to his attention of a finding prior order on this property that the commission approved. He asked the commission since the prior order states, “owner failed to comply, although they were provided with adequate time to do so and civil penalty are indicated as addressed here after,” were there civil penalties assessed.

 

Mr. Christiansen responded there were no civil penalties assessed.

 

Mr. Weathered also stated that in that same order; the commission set a compliance date of February 10th to complete of repairs or demolition. 

 

Mr. Christiansen responded that the notice from the owner states they will start the clean-up on February 10th and finish by March 25th.

 

Mr. Weathered asked if the commission wanted this order to supersede the prior order. 

 

Mr. Christiansen responded in the affirmative. 

 

Mr. Weathered commented that based on their decision to have this order supersede the prior order the commission might want to add additional conditions on page 5 section IV Item 10 “Owner shall comply with time and scope report as submitted. Completion of demolition and clean-up will occur by March 25, 2014.” to make it clear this order superseding the prior order.

 

Mr. Christiansen agreed and asked if anyone had any questions.

 

Ms. Beasley asked if the commission was requiring the owner to be present at the April meeting.

 

Mr. Weathered responded that the commission could add to Item 10 on page 5 “Owner need not appear at April 3rd meeting if demolition has been completed and a report provided to the city prior to the meeting”.

 

The commission agreed.

 

Ms. Beasley asked Mr. Weathered if this order is still a Compliance Order or a Final Order.

 

Mr. Weathered responded that this is a Compliance Order because the demolition has not been completed.

 

Mr. Christiansen asked if there were any other questions, then asked for a motion.

 

Mr. Hendershot made a motion to accept the Compliance Order previously discussed.

 

Ms. Benoit seconded the motion.

 

Mr. Christiansen asked for a vote.

 

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

 

The order was unanimous.

 

C.  Hold a public hearing with possible action on BASC14-01 (220 Englewood Dr), 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 220 Englewood Drive, League City, Texas 77573, legally described as lot twenty-three, block six of the Pecan Forest Subdivision, Section 2, a subdivion in Galveston County, Texas, according to the map thereof recorded in Volume 10, Page 53 in the Office of the County Clerk of Galveston County, Texas.

 

OWNERS/LIENHOLDERS

Cora Ina Keith (deceased May 6, 1995) 220 Englewood Dr, League City, Texas 77573

Donna M. Keith, 220 Englewood Dr, League City, Texas 77573

Mark Robbins aka Mark Stuart Robbins, Independent Executor, 1018 Sunset Circle, League City, Texas 77573

Mark S. Robbins, 220 Englewood Dr, League City, Texas, 77573

Douglas Alan Keith, 220 Englewood Dr, League City, Texas 77573

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

Donald Rodney Wooton, 2350 County Road 289, Gonzales, Texas 78629

Sandy Wooton, 2350 County Road 289, Gonzales, Texas 78629

Kevin A. Sunn, Attorney for Mark Robbins, 1560 W. Bay Area Blvd., Suite 260, Friendswood, Texas 77546

And Law Offices of Kevin Sunn, PLLC, 712 Main Street, Suite 1550, Houston, Texas 77002

 

Mr. LeBlanc, Code Compliance Officer, presented the board the case located at 220 Englewood Drive, which has been identified as a substandard structure. The structure had been damaged from a fire that took place on February 3, 2007. The building has been vacant and utilities turned off since October 7, 2009. The windows, doors, and rear of structure have been boarded up to prevent entry of vagrants.  The roof was patched after the fire. There are cracks in the exterior walls of the garage. There is rot and decay in the wood on the exterior of the structure. There are no permits on record issued by the Building Department to make repairs the structure after the fire in 2007. The League City Police Department received a report of a break in at this location on January 3, 2013. The Code Compliance Department was called out to secure the building after the break in. The Code Compliance Department has opened 5 complaint generated cases to address numerous violations, stemming from high weeds and grass; junk vehicle; fire hazard conditions; and conditions identifying the building as a dangerous building since 2011 to present day. Based on the inspection, the structure meets the following conditions from the Dangerous Building checklist; number 1, 3, 5, 6, 7, 10, 12.

 

Mr. Banks gave a slide show presentation of photographs taken to illustrate the identified dangerous building violations from the checklist items.

 

Mr. LeBlanc provided the commission with a printout from the Galveston County Appraisal District showing the value of the structure and an estimate from Jesus Reyna Construction regarding the cost of repair for this structure.

 

Mr. LeBlanc stated that notices of the hearing have been sent to all owners and lien holders. There was also a legal notice posted in the Galveston Daily Newspaper, and the house was also posted with notice of hearing. The city recommends the structure be repaired or demolished.

 

Mr. Christiansen asked Mr. LeBlanc if he can confirm that the property owner had not obtained any building permit to repair the structure.

 

Mr. LeBlanc responded in the affirmative; no permits have ever been issued for repair at this location.

 

Mr. Christiansen asked if all utilities were turned off.

 

Mr. LeBlanc responded in the affirmative.

 

Mr. Banks stated that the Galveston County Appraisal District has recently reassessed the value of the structure. This past year the property was valued at $116,230 with the land $20,590 and the improvement listed as $95,640. The Galveston County Appraisal District had recently reassessed the value of the structure in 2014.  The current value for the structure is $48,720 which is now half of what it used to be.

 

Mr. Banks asked the commission to view the estimate from Jesus Reyna Construction for the cost of the repairs. The cost to repair the structure, according to the estimate provided by the contractor, is $49,950 which exceeds the value of the structure.

 

Mr. Christiansen asked if anyone had any questions.

 

Mr. Weathered asked if the photo in the slide show dated the summer of 2013 accurately depicts the structure’s current condition.

 

Mr. LeBlanc responded in the affirmative.

 

Mr. Christiansen opened the public hearing at 6:51 pm and asked if any lien holders were present.

 

There were none.

 

Mr. Christiansen asked if the property owner was present and asked him to come forward to address the commission.

 

Mark Robbins, 1018 Sunset Circle, League City Texas, is named as one of the owners/lien holder.

 

Mr. Christiansen asked Mr. Robbins if he intended to repair the structure.

 

Mr. Robbins responded in the affirmative. He intends to repair the structure, but the insurance funds were paid to Cora Ina Keith for the repairs to the house; she was deceased at the time of the fire, which prevents him from being able to use those funds. He has been in the process of changing the name from Donna M. Keith to Donna Keith so they can collect the insurance money to repair the structure. Two weeks prior to having the name changed, Donna Keith passed away so he had to go to probate court again to get the property into his name.

 

Mr. Christiansen asked if Mr. Robbins has been waiting to probate her will to get the structure put into his name or whoever will be on the probate.

 

Mr. Robbins responded in the affirmative. His mother’s name is Donna Keith, and her spouse passed away prior to her passing away. His lawyer advised him to wait for his mother’s spouse’s estate to be issued out first before he probates her estate.

 

Ms. Beasley asked when Donna Keith passed away.

 

Mr. Robbins responded April 3, 2011.

 

Mr. Christiansen asked if he was waiting on probate of her estate.

 

Mr. Robbins responded in the affirmative.

 

Mr. Christiansen asked if Mr. Robbins heard that the estimated value to repair the house is $50,000 and if he knows what the insurance was paying to repair the structure.

 

Mr. Robbins responded that the insurance company was to issue out $40,000 to rebuild the house in 2007, according to estimates to repair the property. He also stated that the cost should be recalculated to reflect the current replacement cost.

 

Ms. Beasley asked, since it’s been three years to probate your mother’s estate, is there any reason to believe that he is moving forward with the probate and/or are  any actions being taken to move forward.

 

Mr. Robbins responded in the affirmative. His mother’s previous spouse, Mr. Bush, has word from his children that they are willing to probate his estate and hopefully speed up his mother’s probate.

 

Ms. Beasley asked if Mr. Robbins wants to repair the house.

 

Mr. Robbins responded in the affirmative.

 

Ms. Beasley asked if Mr. Robbins had succeeded to changing the property into Donna Keith’s name.

 

Mr. Robbins responded he was not sure why so many people were listed as owner or lien holders, but he has not been able to change it to his mother’s name.

 

Ms. Beasley asked if he knew who currently is listed as the owner of the property.

 

Mr. Robbins responded that the property should be solely under Donna M. Keith’s name.

 

Mr. Robbins asked why Donald Rodney Wooton and Sandy Wooton were listed as lien holders.  He stated that he purchased from them another property, so they should not be listed as interest parties.

 

Ms. Beasley responded that the city has to list all names that could have some attachment to the house, but it did not mean they had ownership to the property.

 

Mr. Christiansen asked if he was aware that due to the property being identified as a dangerous building, he would now have a shorter timeline to take action with the structure.

 

Mr. Robbins responded that his attorney has contacted city staff to reschedule the case to a month from tonight.

 

Mr. Christiansen asked if staff had heard from Mr. Robbins’ attorney.

 

Mr. Banks responded that he did receive a phone call from the attorney requesting that the hearing be postponed this evening. Due to all notices going out regarding the hearing, it could not be postponed.

 

Mr. Christiansen asked if the attorney was present.

 

Mr. Robbins responded in the negative; his attorney was not present at the hearing tonight.

 

Mr. Christiansen asked if the property owner was requesting a month to be able to get prepared.

 

Mr. Robbins responded in the affirmative he needs additional time to get prepared. He has not received proper notification of the hearing. He spoke with staff regarding allowing access to city staff inside of the property and gave them a different address than what was listed.

 

Mr. Christiansen asked if Mr. Robbins could give city staff tonight his current address and telephone number so he can get proper notification of the next meeting.

 

Mr. Robbins agreed that he would, but his address should be in the records of a previous hearing regarding another property.

 

Ms. Beasley responded that his address should be given to staff again, regardless of being on record from a previous matter.

 

Mr. Christiansen asked if there was anyone else from the public wanting to speak on the matter.

 

Candy Parrish, 305 Wakefield Drive, League City 77573, and her brothers are the executors of one of her father’s estates. They were supposed to come from California to Texas in January to initiate the probate of her father’s estate, but they have yet to do so. When the house burned down, the insurance provided a contractor to remove all the personal belongings, sheetrock, and insulation out of the house and remove all the debris. What is left is what was left behind from that clean-up. The property is now in probate, so the contractor had to stop all work until they are able to get paid from the insurance money that is now in litigation. The contractor has been told that he cannot proceed with any other work until the estate is out of probate. They have received interest to purchase the house, to repair it, and to hopefully resell it for a profit. If the city needs someone to verify it is structurally sound so it is not demolished, they are willing to do that. Ms. Parrish has spoken with Mr. Banks and Mr. LeBlanc, but they have never received notification of the hearing.

 

Mr. Christiansen asked if they did want to move forward with repairing of the property.

 

Ms. Parrish responded in the affirmative, and she requested a copy of the estimated cost of repairs that  city staff mentioned they had on file, as well as what will be required of them.

 

Mr. Christiansen asked if anyone else wanted to address the board.

 

Curtis Seehbach, 130 Avery Springs Lane, represents his 93-year-old widowed aunt who lives next to this property. His elderly aunt is attempting to sell her property, which would help in the cost to live in an assistant living home for the rest of her life. This property hinders that process. He worries that the condition of the property will exceed the amount the insurance will pay for repairs, especially since it has been 7 years since the fire. He asked if anyone from the commission would want to live next to a house in this condition. He requests the commission to consider the property for demolition. 

 

Mr. Christiansen asked if there was anyone else who wanted to address the board.

 

Michael Johnson, 217 Englewood, League City Texas, lives across the house and would like to address the commission regarding Mr. LeBlanc.

 

Mr. LeBlanc stated that the speaker should reframe his statement regarding 220 Englewood Drive as a dangerous building and not personal complaints of city staff.

 

Mr. Christiansen responded he would allow the speaker to proceed.

 

Mr. Johnson stated that he will be selling his property in the next six months and there has been other homes sold on that same street that have not been affected by the state of 220 Englewood. He was also surprised of the reassessment of this property. This neighborhood does not have a Homeowner’s Association, but there are a few people who call in complaints against all the people in the neighborhood. He recently received a notice regarding his vehicles, but there are other vehicles in his neighborhood that have not been addressed.

 

Mr. Christiansen asked who was sending him the notice.

 

Mr. Johnson responded the letter was sent by Mr. LeBlanc.

 

Ms. Beasley asked if it was from city staff.

 

Mr. Johnson responded in the affirmative.

 

Mr. Christiansen asked how this statement had to do with 220 Englewood being a dangerous structure and asked Mr. Johnson to stay on the subject. Any complaints regarding city staff would have to be addressed to the city at a later time. 

 

Mr. Johnson responded that the property owner had replaced the side door of the house but the door was damaged when the city served the search warrant. The city’s contractor used old plywood to board up the house and did not have any identification of being a contractor when they were on site. The property is now covered by used plywood and is causing more damage to the house than he believes it should. He has personal experience regarding how long litigation can take to get money from insurance company. He currently still has a lawsuit from Ike damage. Mr. Johnson continued to complain about city staff.

 

Mr. Weathered objected to the statements Mr. Johnson was making because they were not related to the status for the structure.

 

Mr. Christiansen agreed with Mr. Weathered that the speaker had exceeded the 3 minute limit and was off topic. 

 

Mr. Christiansen asked if there was anyone else who wanted to speak in regards this property and stated no one identified themselves.

 

The public portion was closed at 7:22 pm.

 

Mr. Christiansen asked if the commission had any questions for city staff or the owners.

 

There were none.

 

Mr. Christiansen asked the city attorney to go through the order with the commission.

 

Mr. Weathered responded that he would by first acknowledging the property owner request for a continuance, but it was submitted after the evidence was taken by the commission. The commission can simply decide to grant the continuance without going forward with the order, but he would recommend the commission to proceed with the order due to the number of appearances they may want to record in the order.

 

On page 2 of the order, the address should be changed from 200 West Walker Street to 400 West Walker. Also on page 2 under “Appearances for City” it should be corrected for Lonzell Banks and Frank LeBlanc from Building Official to Code Compliance. Also, the names of all those who appeared before the board are to be included on this same page.

 

Mr. Weathered began to read the Findings in Item III on page 3 in the order.

 

Item 1

Item was marked.

 

Item 2

Item was marked N/A.

 

Item 3

Item was marked.

 

Item 4

Item was marked N/A.

 

Item 5

Item was marked.  

 

Item 6

Item was marked.

 

Item 7

Item was marked.

 

Item 8

Item was marked N/A.

 

Item 9

Item was marked N/A.

 

Item 10

Item was marked.

 

Item 11

Item was marked N/A.

 

Item 12

Item was marked.

 

Item 13

Item was marked N/A

 

Section IV Orders page 4

 

Mr. Weathered stated that he had a legal concern that the property owner is Ms. Keith, who is deceased, but the property title search did not find the name Bush. He would like to get additional information as to why a probate under the name of Bush, who is not a recorded owner, would have anything to do with the property. He would like for the attorney to show cause as to why the city should not proceed. Since the property is before the commission and evidence has been presented regarding the condition, the ordinance requires that there be some type of schedule if this item goes past 30 days.

 

Mr. Christiansen asked the city attorney where on the order it should be noted “the show cause.”

 

Mr. Weathered responded that it would be under item 10. The orders should also note that the owners be required to appear with their legal representation at the next hearing.

 

Item 1

Item was marked.

 

Item 2

Item was marked N/A.

 

Mr. Weathered asked staff to help evaluate if the building is secured. He asked if there was a break-in on January 3rd.

 

Mr. LeBlanc responded in the affirmative.

 

Mr. Weathered asked if the front door was broken.

 

Mr. LeBlanc responded in the affirmative; it was the front entry door.

 

Mr. Weathered asked if the city staff secured that door. 

 

Mr. LeBlanc responded in the affirmative.

 

Mr. Weathered asked if it was secured with plywood.

 

Mr. LeBlanc responded in the affirmative.

 

Mr. Weathered asked if the building is secured as of today.

 

Mr. LeBlanc responded in the affirmative.

 

Item 3

Item was marked N/A.

 

Item 4

Item was marked.

 

Item 5

Item was marked TBA “To Be Determined”

 

Ms. Beasley stated that she would like to discuss item 5.  The house was burned and damaged, but there is also a secondary danger of personal belongings in the house. This possesses a danger to firemen or policemen if there was to be a secondary fire. The building should be emptied out of all belongings and debris.

 

Mr. Christiansen asked if Ms. Beasley recommends that the structure be cleared out.

 

Ms. Beasley responded in the affirmative, unless the commission did not see that as a concern.

 

Mr. Hendershot agreed that the property should be cleared out for the safety of first responders and the neighbors.

 

Ms. Benoit agreed that, regardless if the house is vacant, if a secondary fire was to happen the fire fighters would have to enter the house again.

 

Mr. Christiansen agreed to add that condition to item 6 on page 5 with the date of 30 days, by March 3rd, 2014.

 

Ms. Benoit asked for an additional condition to the order, in which the property owner would contact city staff when they have complied with the clearing of the house prior to the next hearing date.

 

Item 6

Item was marked with March 3, 2014 and removal of personality.

 

Item 7

Item was marked N/A

 

Item 8

Item was marked N/A

 

Item 9

Item was marked with March 6, 2014 and underlined “owner shall provide city staff a status/compliance report at least 3 business days prior to this meeting.”

 

Item 10

Item was marked with March 6, 2014, “owners/heirs and their legal representation should appear to show cause for adjudication.”

 

Item 11

Item was marked N/A

 

Section V Special Additional Findings for Demolition if Applicable on page 6

Item 1 & 2 were marked N/A

 

Section VI Compliance on page 7

Item is marked as Compliance Order.

 

Ms. Beasley made a motion that the order be accepted as it was read.

 

Mr. Hendershot seconded the motion.

 

Mr. Christiansen asked if there was any further discussion.

 

There were none.

 

Mr. Christiansen asked for a vote.

 

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

 

The compliance order was unanimous.

 

D.  Hold a public hearing with possible action on BASC14-02 (219 West Saunders), 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 219 West Saunders, League City, Texas 77573, legally described as the surface only of lot forty-four (44) of Patton Subdivision, save and except the southwest one-half foot of lot forty-four, Patton Subdivision, a subdivision of a part of 20 acre tract out of the S.F. Austin League, Survey #3, in Galveston County, Texas, according to the map or plat thereof recorded in volume 254-A, page 66 of the map of records in the office of the County Clerk of Galveston County, Texas.

 

OWNERS/LIENHOLDERS

Daniel Garcia, 14603 Cardinal Creek Ct, Houston, Texas, 77062-2127

Angela Garcia, 14603 Cardinal Creek Ct, Houston, Texas, 77062-2127

Duane Young, 2805 Cemetery Road, Santa Fe, Texas, 77517

Lionel Young, 2805 Cemetery Road, Santa Fe, Texas, 77517

Barbara Blake Young, 2805 Cemetery Road, Santa Fe, Texas, 77517

Merchants Bank, Attn: Dean Starnes, Trustee, P.O. Box 690, League City, Texas, 77573

Merchants Bank, Attn: Steve Nicklow, Trustee, 2051 W Main Street, League City, Texas 77573

Mary S. Tourenq, Trustee MacNaughton, Burdzinski, Tourenq & Yow, 6750 West Loop South, Suite 800, Bellaire, Texas 77401

Steven V. Resnick, Beneficiary, P.O. Box 1015, League City, Texas 77574

Hollis E Resnick, Beneficiary, P.O. Box 1015, League City, Texas 77574

Marvin L. Rader & Associates, 622 W Main St, League City, Texas 77573

Regions Bank, Attn: Collateral Management Area, Attn: Marc C Coody, Jr., P.O. Box 1984, Birminggham, Alabama, 36201

City of League City, Attn: Lonzell Banks, Code Compliance, 300 West Walker Street, League City, Texas 77573

 

 

Frank LeBlanc presented his finding to the commission concerning 219 W. Saunders in League City, Texas. The property has been vacant, and all utility been turned off since December 10, 2012. The structure has suffered some exterior damage. There is damage to the roof, which needs to be replaced. There are cracks in the exterior walls due to foundation problems. There are broken windows that have been boarded up. The front and back door has also been boarded up. City staff has been given access to the interior of the house by the property owner on January 28, 2014 to inspect the interior conditions of the structure. There are noticeable cracks on the walls from the structure shifting. The ceiling has water stains and holes where water has entered the structure. There are areas where the sheetrock has fallen from the ceiling. Staff has identified exposed electrical wires and a gas line that would need to be properly installed. There is also a plumbing line in the kitchen that has not been properly capped off. Based on the inspection by city staff, Mr. LeBlanc has identified the following conditions exist from the Dangerous Building checklist; number 1, 3, 5, 6, 7, 11.

 

Mr. Banks gave a slide show presentation of photographs taken to illustrate the identified dangerous building conditions from the checklist items.

 

Mr. LeBlanc stated that notices of the hearing have been sent to all owners and lien holders. There was also a legal notice posted on the Galveston Daily Newspaper, and a notice was also posted on the property. The property owner has made attempts to make some repairs to the structure, but the contractor failed to complete the repairs. The property owner will seek other contractors to finish the repairs. The city recommends the structure be repaired or demolished.

 

Mr. Christiansen asked staff to comment on the structure’s value and the cost of repair.

 

Mr. LeBlanc responded that according the Galveston County Appraisal District for 2013, it shows the value of the structure to be $47,950 and $13,790 for the land which would be a total of $61,740.City staff has not done any estimates for cost of repairs for this structure.

 

Ms. Benoit asked if staff can clarify if the utilities are turned off.

 

Mr. LeBlanc responded in the affirmative.

 

Ms. Benoit asked if the utilities are turned off and how repairs were being made.

 

Mr. LeBlanc responded that all repairs were made some time in the past, and currently there are no repairs being done at the property.

 

Mr. Christiansen asked if Mr. Weathered has any questions for staff.

 

Mr. Weathered asked for staff’s opinion regarding repair or demolition of the structure.

 

Mr. LeBlanc responded that the structure is not beyond repair, so it depends on the property owner and if he is will to spend the money to get the structure repaired.

 

Mr. Weathered ask if the Galveston County Appraisal District value for the home is $47, 950.

 

Mr. LeBlanc responded in the affirmative.

 

Mr. Christiansen opened the public hearing potion at 8:08 pm.

 

Mr. Christiansen asked if there are any lien holders, not home owners, present.

 

There were none.

 

Daniel Garcia, 14603 Cardinal Creek Court Houston, TX 77062, had boarded up the house in hopes to sell the property in the future once the market recovered. Due to his health, the property owner is unemployed which prevented them from doing to the repairs. He had hired a few contractors in the past to do the repairs, but they never finished the work and walked away from the job. Now they are able to financially afford to the repairs.  He has received some repair cost estimates for the foundation of $6500, the roof will be about $4500, and the remainder of the repairs will be an additional $20, 000. The money he will use to pay for the repairs is tied up in probate court from an inheritance he is receiving. He is in talks with Wells Fargo and Region Banks to get a home equity loan or guarantee it with his inheritance.

 

Ms. Beasley asked if the property owner believes that if he was given 30 days, could he get an answer regarding the loan from the bank.

 

Mr. Garcia responded that he would, but his surgery is set for the time of the next hearing so if he is not able to attend, he would have to send city staff an update through email while he recovers from his surgery. He also sent an email to Mr. Banks regarding turning on the power at this location.

 

Mr. Banks responded that he did receive the email with his inquiries and responded back to him earlier that day. He recommended that the owner hire a licensed electrician to examine the electric panel to bring it up to code; they will need to pull a permit for those repairs.

 

Mr. Garcia asked if he had to be a licensed electrician to obtain a permit.

 

Mr. Banks responded in the affirmative.

 

Ms. Benoit asked if the contractor obtains the permit, will Mr. Garcia receive proof of that permit.

 

Mr. Banks responded in the affirmative. Some contractors tell property owners that a building permit is not required, but that is not true. In the event city staff encounters work being done without a permit, they can issue out citations and double the fee for that permit.

 

Mr. Christiansen stated that if there is no other person wanting to come forward, then the commission will close the public portion at 8:20 pm.

 

Mr. Christiansen asked if the commission would like to table the case or do the order.

 

Mr. Weathered responded that the commission has evidence to move forward with the compliance order.

 

On page 2 of the order, the address should be changed from 200 West Walker Street to 400 West Walker. Also on page 2 under “Appearances for City” it should be corrected for Lonzell Banks and Frank LeBlanc from Building Official to Code Compliance.

 

Mr. Christiansen read the Findings in Item III on page 3 in the order.

 

Item 1

Item was marked.

 

Item 2

Item was marked N/A.

 

Item 3

Item was marked.

 

Item 4

Item was marked.

 

Item 5

Item was marked.  

 

Item 6

Item was marked.

 

Item 7

Item was marked.

 

Item 8

Item was marked N/A.

 

Item 9

Item was marked N/A.

 

Item 10

Item was marked N/A.

 

Item 11

Item was marked.

 

Item 12

Item was marked N/A.

 

Item 13

Item was marked N/A

 

Section IV Orders page 4

 

Item 1

Item was marked.

 

Item 2

Item was marked N/A.

 

Item 3

Item was marked N/A.

 

Item 4

Item was marked.

 

Item 5

Item was marked TBA “To Be Determined”

 

Item 6

Item was marked N/A.

 

Item 7

Item was marked N/A

 

Item 8

Item was marked N/A

 

Item 9

Item was marked with March 6, 2014 and underlined “owner shall provide city staff a status/compliance report at least 3 business days prior to this meeting.

 

Item 10

Item was marked with “provide evidence of adequate financing for anticipated repairs and estimates from contractors for needed repairs.”

 

Item 11

Item was marked N/A

 

Section V Special Additional Findings for Demolition if Applicable on page 6

Item 1 & 2 were marked N/A

 

Section VI Compliance on page 7

Item is marked as Compliance Order.

 

Mr. Christiansen made a motion to accept the Compliance Order previously discussed.

 

Ms. Beasley seconded the motion.

 

Mr. Christiansen asked for a vote.

 

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

 

The compliance order was unanimous.

 

E.   Hold a public hearing with possible action on BASC14-03 (241 S FM 270), 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 241 S FM 270, League City, Texas 77573, legally described as a Unrestricted Reserve “A” of Shake’s, League City, a subdivision in Galveston County, Texas, according to the map or plat thereof recorded under plat record volume 2003A, Page 52, of the map records of the Galveston County, Texas, being a 0.899 acres unrestricted reserve out of Unrestricted Reserve “C” of the partial replat of Clear Creek Square as recorded in volume 18, page 887 and 888 of the map records of the real property of Galveston County, Texas.

 

OWNERS/LIENHOLDERS

J & C Roberts Corp., Texas Corporation, 1302 Mississippi, Joplin, MO, 64804

Webb City Bank, P.O. Box 510, Webb City, MO 64870

Richard J. Collins, Trustee, 5957 E 20th, Joplin, MO, 64804

City of League City, Attn: Lonzell Banks, Code Compliance, 300 West Walker Street, League City, Texas 77573

 

Mr. LeBlanc, Code Compliance Officer, presented the board with his finding regarding the property located at 241 S FM 270. The property owner has allowed city staff to do an interior inspection of the structure with the assistance of the owner’s representative, Kent Ballard. City staff has received numerous complaints concerning this structure since 2010. The building has been vacant since 2007, and the utilities have been turned off since February 14, 2011. The property has been broken into several times, and has been boarded up by city staff due to a broken window. The structure has been vandalized with graffiti, the grate cover stolen from the storm drain, and the copper wire stolen from the service panel. The property has been mowed and trash has been removed several times due to illegal dumping at the location. There have been several liens filed against the property to recover the cost to maintain it. Code Compliance has assisted the League City Police Department on four separate occasions due to nuisance complaints. The structure has exterior damage to the canopy area, exposing building materials to the elements. City staff was allowed to enter the structure on January 29, 2014 to inspect the interior of the structure. There was broken glass trash throughout the structure, exposed wiring, and panel box was missing. There have been minors caught inside the structure by the police department. The problem city staff is having with the structure is where it is located. There has been lot of break-ins and vandalism.  Mr. LeBlanc requested that the commission review their copies of the police report dated November 28, 2011 in the section that has notes where it states teenagers have been found in the structure. City staff’s main concern is public safety issues with this building. A police officer has boarded up the building himself, but someone still managed to remove the boarding. There has been numerous dumping of trash at this location. There is not a lot of structural damage to the building, mostly continuing vandalism.  The city recommends that the building be repaired and secured from both someone walking onto the property and driving up to the property.

 

Ms. Beasley asked if they were recommending a fence or an arm at all entry points.

 

Mr. LeBlanc responded in the affirmative that either solution would be acceptable.

 

Mr. Banks stated that fencing the property in would not be appealing to the neighborhood but necessary, especially with several minors breaking into the building.

 

Mr. LeBlanc stated that based on the inspection of the structure, it meets the following conditions from the Dangerous Building checklist; number 3, 4, 5, 6, 7.

 

Ms. Beasley asked that in their original paperwork listed number 8, is Mr. LeBlanc still including it with his finding.

 

Mr. LeBlanc responded in the negative; he is not including number 8.

 

Ms. Beasley asked if the plywood on the windows were glued on.

 

Mr. Banks responded in the negative, the window was attached with liquid nails and drilled into the wall. Someone was still able to remove the plywood and break into the building after it was boarded up.

 

Mr. Christiansen stated that if there were no other questions, he would open the public potion at 8:42 pm.

 

Mr. Christiansen asked if there were any lien holders for this property.

 

There were none.

 

Mr. Christiansen asked if the property owners were present.

 

Kent Ballard, 1501 Carolina Court Friendswood Texas, is a representative for J & C Roberts Corporation. He is in the process of marketing this property for sale. The Roberts have an interest to sale the property by reducing the selling cost to S75,000. Little Cesar’s has recently expressed some interest in the property. The property is currently secured and they have had the building boarded up numerous times, and all utilities are turned off. They currently have a property caretaker present, in case the property needs maintenance. This structure shares a common egress with the auto parts store; if they put up a gate, it would also affect the auto parts store. 

 

Ms. Beasley asked if there are any complaints at this location, can they contact him or the care taker on a regular basis.

 

Mr. Ballard responded in the affirmative.

 

Mr. Christiansen stated that if there are no other people present to speak about this building, then the commission would close the public potion at 8:47pm.

 

Mr. Christiansen read the orders.

 

On page 2 of the order, the address should be changed from 200 West Walker Street to 400 West Walker. Also on page 2 under “Appearances for City” it should be corrected for Lonzell Banks and Frank LeBlanc from Building Official to Code Compliance.

 

Mr. Christiansen read the Findings in Item III on page 3 in the order.

 

Item B is marked Commercial structure

 

Item 1

Item was marked N/A.

 

Item 2

Item was marked N/A.

 

 

Item 3

Item was marked.

 

Item 4

Item was marked.

 

Item 5

Item was marked.  

 

Item 6

Item was marked.

 

Item 7

Item was marked.

 

Item 8

Item was marked N/A.

 

Item 9

Item was marked N/A.

 

Item 10

Item was marked N/A.

 

Item 11

Item was marked N/A.

 

Item 12

Item was marked N/A.

 

Item 13

Item was marked N/A

 

Section IV Orders page 4

 

Item 1

Item was marked.

 

Item 2

Item was marked N/A.

 

Ms. Beasley asked staff if the building was secured.

 

Mr. LeBlanc responded in the affirmative.

 

Item 3

Item was marked N/A.

 

Item 4

Item was marked.

 

Item 5

Item was marked TBD “To Be Determined”

 

There was a discussion on whether to mark it as TBD or assign a date.

 

Mr. Banks stated that city staff would request that the entry  be blocked to prevent unauthorized entry.

 

There was a discussion on how to block the entry way.

 

Item 6

Item was marked N/A.

 

Item 7

Item was marked N/A

 

Item 8

Item was marked N/A

 

Item 9

Item was marked N/A.

 

Item 10

Item was marked with “Secure and maintain property in compliance with all applicable laws.”

 

Item 11

Item was marked N/A

 

Section V Special Additional Findings for Demolition if Applicable on page 6

 

Item 1 & 2 were marked N/A

 

Ms. Beasley asked if the property owner would be required to attend the next hearing.

 

Mr. Christiansen responded in the negative.

 

Ms. Beasley asked if the commission would close without prejudice.

 

Mr. Weathered responded in the affirmative.

 

Section VI Compliance on page 7

Item is marked as “Closed without prejudice and turned over to code compliance.”

 

Ms. Beasley made a motion to accept the Order previously discussed.

 

Mr. Hendershot seconded the motion.

 

Mr. Christiansen asked for a vote.

 

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

 

The compliance order was unanimous.

 

V.        Adjournment

 

Ms. Beasley made a motion to adjourn the meeting.

 

Ms. Hendershot seconded the motion.

 

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

 

Mr. Christiansen adjourned the meeting at 9:06 p.m.

 

 

 

            ___________________________________              ______________________________

            Lonzell Banks                                                             James R. Christiansen,

            Code Compliance Official                                          Chairperson, Zoning Board of Adjustment/

                                                                                                 Building and Standards Commission