HomeMy WebLinkAbout031885 RES - 09/24/2019 Resolution denying Alma Leticia Suazo's appeal, thereby upholding the Building
Standards Board's order to demolish the dilapidated/substandard buildings and
structures on the property located at 5029 Williams Drive.
Whereas, the Building Standards Board (the "Board") held a public hearing on
November 29, 2018, at 1:30pm regarding property located at 5029 Williams Drive and
after making certain findings ordered the structure or premises be removed or demolished
by the owner, lien holder or mortgagee, within thirty (30) days pursuant to the attached
Final Order of the Building Standards Board Case No. 103560-071018; and
Whereas, the owner of 5029 Williams Drive (the "Appellant") filed a written notice
of appeal of the Board's order with the City Secretary's Office on December 12, 2018, in
accordance with Section 13-24(a) City of Corpus Christi Code of Ordinances (the "Code")
and Article VI, Section 2 of the City Charter (the "Charter"); and
Whereas, Section 13-24(a) of the Code and Article VI, Section 2 of the Charter
authorize the City Council to hear Appeals of the Board's decision; therefore, this Council
properly has jurisdiction of this appeal; and
Whereas, after hearing the evidence, the City Council makes the following findings
related to the property located at 5029 Williams Drive:
1. The Code Enforcement division of the Police Department complied with the
procedural requirements for eliminating substandard conditions pursuant to
Section 13-22 of the Code; and
2. The Board held a public hearing on September 27, 2018, at 1:30pm. The
owner Alma Leticia Suazo appeared as well as Gregorio Esparza. Mr. Esparza
identified himself as Ms. Suazo's boyfriend and spoke on her behalf. Mr.
Esparza produced a letter written by Commander David Blackmon, dated
August 25, 2016, which he stated was the last communication received from
the City regarding the property. He believed the previous board order had been
vacated. Mr. Esparza stated it was Ms. Suazo's intent to convert the structure
to a low traffic commercial rental property for added income and that she had
already begun the process of requesting loans. He promised that if allowed
more time Ms. Suazo would come up with a plan at the next Building Standards
Board meeting. Assistant City Attorney Yvette Aguilar clarified that Ms. Suazo
must submit a detailed plan and time schedule for the work at the next hearing
and establish that the work cannot reasonably be completed within 90 days in
order for the board to grant more than 90 days to repair pursuant to Section
214.001(j) of the Local Government Code. After considering the testimony and
reviewing the documentation and information submitted by City staff and after
affording the owner and/or other interested parties the opportunity to address
031885
SCANNED
the Board and present testimony, documentation and information, the Board
tabled the case to the next meeting and ordered that Ms. Suazo submit a full
set of construction plans for approval to the City within 30 days; and
3. The Board held a public hearing on November 29, 2018, at 1:30pm. The owner
Alma Leticia Suazo appeared as well as Gregorio Esparza. Mr. Esparza stated
they met with Development Services staff and were told the lot needed to be
replatted in order to maintain the structure on the front of the property and it
would have to be a commercial structure. Mr. Esparza requested more time in
order to replat the property. Mike Guerrero from Development Services
informed the Board he did meet with Mr. Esparza on November 26, 2018, and
that replatting could take two to three months. He also clarified that there is a
possibility the property may not be able to be replatted, but this information
could only be determined once a full set of plans is submitted to Development
Services. Ms. Suazo also addressed the Board restating her intent to convert
this into a commercial structure. No specific construction plans for the structure
were submitted and no time frame for repairs or cost of repairs were submitted
to the Board. After considering the testimony and reviewing the documentation
and information submitted by City staff and after affording the owner and/or
other interested parties the opportunity to address the Board and present
testimony, documentation and information, the Board found that the structure
or premises could not be repaired because of the refusal of the owner or its
intrinsic state of disrepair or both and is dilapidated or substandard and ordered
removal or demolition by the owner, lienholder or mortgagee, within 30 days;
and
4. The structure has a door, aisle, passageway, stairway, exit or other means of
egress that does not conform to the approved building or fire code of this City
as related to the requirements for existing buildings and therefore is considered
dangerous and deemed substandard pursuant to section 108.1.5 of the
International Property Maintenance Code as adopted by the City of Corpus
Christi Code of Ordinances (the "IPMC"); and.
5. The walking surface of an aisle, passageway, stairway, exit or other means of
egress of the buildings and structures is so warped, worn loose, torn or
otherwise unsafe as to not provide safe and adequate means of egress and
therefore is considered dangerous and deemed substandard pursuant to
section 108.1.5 of the IPMC; and
6. The buildings and structures are clearly unsafe for its use and occupancy and
therefore are considered dangerous and deemed substandard pursuant to
section 108.1.5 of the CCPMC; and
7. The buildings and structures are neglected, damaged, dilapidated, unsecured
or abandoned so as to become an attractive nuisance to children who might
play in the building or structures to their danger, becomes a harbor for vagrants,
criminals or immoral persons, or enables persons to resort to the building and
structure for committing a nuisance or an unlawful act and therefore are
considered dangerous and deemed substandard pursuant to section 108.1.5
of the CCPMC; and
8. The buildings and structures have been constructed, exits or are maintained
in violation of any specific requirement or prohibition applicable to such
building or structure provided by the approved building or fire code of the
jurisdiction, or of any law or ordinance to such an extent as to present either a
substantial risk of fire, building collapse or any other threat to life and safety
and therefore are considered dangerous and deemed substandard pursuant
to section 108.1.5 of the CCPMC; and
9. The buildings and structures, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay damage,
faulty construction or arrangement, inadequate light, ventilation, electrical,
mechanical or plumbing system, or otherwise, are determined by the code
official to be unsanitary, unfit for human habitation, or in such a condition that
it is likely to cause sickness or disease, including all conditions conducive to
the harboring of rats or mice or other disease-carrying animals or insects
reasonably calculated to spread disease and therefore are considered
dangerous and deemed substandard pursuant to section 108.1.5 of the
CCPMC; and
10.The buildings and structures, because of a lack of sufficient or proper fire
resistance-rated construction, fire protection systems, electrical system, fuel
connections, mechanical system, plumbing system or other cause, are
determined by the code official to be a threat to life or health and therefore are
considered dangerous and deemed substandard pursuant to section 108.1.5
of the CCPMC; and
11.The photos attached of 5029 Williams Drive further support the finding that the
buildings and structures are dangerous and substandard; and
12.Pursuant to Section 101.3 of the IPMC the spirit and purpose of the Code is
to ensure public health, safety and welfare insofar as they are affected by the
continued occupancy and maintenance of structures and premises. Further
existing structures and premises that do not comply with these provisions
shall be altered or repaired to provide a minimum level of health and safety as
required in the IPMC; and
13. The Appellant has n$Srt alleged or establish that an error was committed by
the Board; and
14.The Appellant has failed to establish that the Board's decision would have
caused undue hardship.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
Section 1. The Council declares the recitals in the above paragraphs are true and
correct.
Section 2. The Appellant's appeal is hereby denied.
Section 3. The Board's attached order requiring the owner, lien holder or
mortgagee to demolish the buildings and structures on the property located at 5209
Williams Drive is upheld.
Section 4. Not applicable unless amendment is made to specifically adopt in place
of the aforementioned Sections 2 and 3:
The Board's attached Order is modified as follows:
PASSED AND APPROVED this day of , 2019 at a Regular
Meeting of the City Council of the City of Corpus Christi, Texas.
ATTEST: THE CITY OF CORPUS CHRISTI
NI
Re•ecca Huerta Jt - cComb
City Secretary - •r
031885
The above resolution was passed by the following vote:
Joe McComb
Roland Barrera e_
Rudy Garza /V!)
Paulette M. Guajardo
Gil Hernandez ,,/,/c>
Michael Hunter ,4L25Pivt±
Ben Molina Acevt I
Everett Roy '-
Greg Smith
ATTEST: CITY OF CORPUS CHRISTI
'114---UktWbn „ 1/14_
Re ecca Huerta Jo• cComb
City Secretary M. •
Corpus Christi, Texas
day of 5(TJ �.er� , 2019
031. 885
Code Enforcement Division `""` ''''""'
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DATE: November 29,2018
CERTIFIED LETTER#7017 3380 0000 6318 1947
OWNER: Alma Leticia Suazo RE:5029 Williams
ADDRESS: 5029 Williams Dr. ADD'Gardendale#2
CITY STATE ZIP: Corpus Christi, Texas 78411-4749 LOT:7
BLOCK: 2
•
The Building Standards Board met at 1:30 p.m.,Thursday. November29.2018 in the Council Chambers, 1201 Leopard,
to hear matters concerning the substandard building(s) located at the above referenced property.A final order of the
Board's decision made on that date is enclosed.The period of time allowed you to comply with the decision of the Board
commences from the date of the enclosed order.
The owner or occupant,or his/her duly authorized agent,may appeal the decision of this Board to the City Council.Such
appeal must be perfected by filing a sworn notice of appeal with the City Secretary within thirty(30)days from the date
of notice of the Board's written decision which is the date of this letter.This appeal must state specifically any error
alleged to have been committed by the Board or that the decision of the Board would cause undue hardship and state
the reasons for the hardship. Prior to the institution of any appeal in a court of law by an aggrieved person from a
decision of the Board,appeal must first be perfected to the City Council. The decision of the City Council shall be final
unless the aggrieved party appeals by instituting suit for that purpose in any court having jurisdiction within fifteen (15)
days from the date on which the decision of the City Council was rendered.
It may be necessary for you to obtain the proper permits before initiating demolition or repairs as required by the Board.
A permit can be obtained at Development Services located at 2406 Leopard Street,Corpus Christi Texas.Please contact
Code Enforcement Division located at 1201 Leopard Street prior to obtaining the permit(s).
Please contact Diana T.Garza,Building Standards Board Liaison,if you have any questions regarding this matter.She can
be reached at(361)826-3009.
Sincerely,
Diana T.Garza
Building Standards Board Liaison
Code Enforcement Division
Attachment: Board Order
Case number.103560-071018
P.O. Box 9277 Corpus Christi,Texas 78469-9277 • (361)826-3046 • htto://www.cctexas.com/
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FINAL ORDER OF THEAar
BUILDING STANDARDS BOARD
Case No. 103560-071018
Property Owner(s) RE:5029 Williams
OWNER: Alma Leticia Suezo LOT:7
ADDRESS: 5029 Williams Dr. BLOCK:2
CITY STATE ZIP-Carpus Christi, Texas 78411-4749 ADD'N:Gardendale#2
This final order is issued pursuant to the authority granted to the Building Standards Board("Board")of the City of Corpus Christi,
("City"),Nueces County,Texas in accordance with the Charter of the City,Chapter 13 of the City's Code of Ordinances("Code")and
the Texas Local Government Code.
On November 29,2018,the City of Corpus Christi Building and Standards Board held a public hearing and made the following
findings regarding the building located at the above referenced property:
1. Pursuant to the provisions of Chapter 13 of the Code,on July 10,2018,an inspection for substandard conditions was
made of the building(s)or structure(s)located within the City at the above referenced property;
2. On July 11,2018 a notice of violation(s)and request to correct the violation(s)was sent to the owner and all known
interested parties. Additionally,on October 9,2018 and October 10,2018 notice of violation(s)was posted in the
Corpus Christi Caller limes;
3. Thirty days elapsed since the notice of violation(s)was provided and such violation(s)were not cured;
4. Code Official,Diana T.Garza,filed a complaint with the Chairman regarding the above listed property November 15,
2018,and the public hearing was held not less than ten days and not more than 45 days after the complaint was filed;
5. Notice of the public hearing was sent to the owner and all known interested parties on November 15,2018 which was
at least ten day prior to the public hearing. Additionally,on November 13,2018 and November 14,2018 notice of the
public hearing was posted in the Corpus Christi Caller Times;
6. After considering the testimony and reviewing the documentation and information submitted by City Staff and after
affording the owner and/or other interested parties the opportunity to address the Board and present testimony,
documentation and information the Board finds the building located at the above referenced property is substandard
and/or constitutes a nuisance.
7. The City of Corpus Christi will vacate,secure,remove,or demolish the building or relocate the occupants of the
building if the action ordered below is not taken within the allotted time.
8. In the event there are items of personal property in the premises to be demolished,the owner is ordered to remove
personal property from the premises within 30 days. If such items of personal are not removed from the premises
within 30 days,they shall be placed In storage for a period of 90 days. During this period they may be redeemed by the
owner after all costs incurred in placing the Items in storage and all accumulated storage fees have been paid. In the
event the property is not redeemed within 90 days the City may cause the same to be sold at auction. The proceeds of
the sale shall be used to pay for any costs incurred in the storage of the property and any excess amount shall be set
off against the cost of demolition to be charged to the owner.
The Board further finds:
The substandard building shall be ordered secured by the owner,lien holder or mortgagee from unauthorized
entry within 30 days.
OR
` The substandard budding or structure can reasonably be repaired bc, ...e owner,lien holder or mortgagee,so as to
be in compliance with this code,therefore it shall be ordered repaired within thirty(30)days. Repairs must be in
compliance with City Ordinance Section 13-22(G).
The substandard building or structure can reasonably be repaired by the owner,lien holder or mortgagee,so as to
be in compliance with this code,therefore it shall be ordered repaired within_(31 days to 90 days)days.
Repairs must be in compliance with City Ordinance Section 13-22(G). Further,the owner,lien holder or
mortgagee shall secure the property in a reasonable manner from unauthorized entry while the work is being
performed and work shall be commenced and performed in accordance with the time schedules established by the
Board,to wit:
The substandard building or structure is so damaged,decayed,dilapidated,unsanitary,unsafe,or vermin-infested
that it creates a serious hazard to the health or safety of the occupants or the public,therefore it shall be ordered
to be vacated within—days. The building or structure shall be placarded to prevent occupancy until the building
or structure is brought up to all minimum standards of this code within thirty(30)days.
The substandard building or structure is so damaged,decayed,dilapidated,unsanitary,unsafe,or vermin-infested
that it creates a serious hazard to the health or safety of the occupants or the public,therefore it shall be ordered
to be vacated within_days. The building or structure shall be placarded to prevent occupancy until the building
or structure is brought up to all minimum standards of this code within days. Work shall be commenced and
performed in accordance with the time schedules established by the Board,to wit:
.1C The structure or premises cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or
both and is dilapidated or substandard,therefore,it shall be ordered removed or demolished by the owner,lien
holder or mortgagee,within thirty(30)days.
_ The structure or premises cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or
both and is dilapidated or substandard,therefore,it shall be ordered removed or demolished by the owner,lien
holder or mortgagee,within_(31 days to 90 days)days.
OR
The Board finds that the owner,lien holder or mortgagee has submitted a detailed plan and time schedule for the work and the owner,lien holder
or mortgagee has established that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work;
therefore:
The owner,lien holder or mortgagee Is required to regularly submit progress reports to the Board to demonstrate compliance
with the time schedules established for commencement and performance of the work,to wit:
The owner,lien holder or mortgagee shall report monthly to the code enforcement office with progress reports.
The above listed property,Including structures or improvements on the property,exceeds$100,000,in total value the owner,
lien holder or mortgagee shall post a cash or surety bond in an amount adequate to cover the cost of repairing,removing or
demolishing the building or structure not later than the 30"day from the date of this order.
Joel De La Garza FOR/AGAINST Craig S.Loving 4iSii GAWP
-
Lee R.Hassman ; 'GAINSTLillian T.Helms OR' GAINST
Tim Honea t AGAINST Date Filed. l'2 "/I Dante C.Miller igia GAINST
Gary K.Adams 41—Zi GAINST (:i 5pw‘
ROrdered this 29th day of November 2018. Rebecca Huerta
Signed under authority of the Board: City Secretary signed un er the authority of the Board:
Chairperson Vice-Chairperson
Filed .City Secretary DATE TIME
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