HomeMy WebLinkAbout031198 RES - 07/25/2017 Resolution denying Linda Reyes appeal, thereby upholding the Building Standards
Board order to demolish the buildings and structures on the property located at
4918 Bonner Drive.
Whereas, the Building Standards Board (the "Board") held a public hearing on
March 23, 2017, at 1:30pm regarding property located at 4918 Bonner 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. 77844-120816; and
Whereas, the owner of 4918 Bonner Drive (the "Appellant") filed a written notice
of appeal of the Board's order with the City Secretary's Office on April 11, 2017, 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 4918 Bonner 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 March 23, 2017, at 1:30pm. The owner
did not appear, and no authorized representatives appeared on behalf of the
owner. 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 ordered
removal or demolition by the owner, lienholder or mortgagee, within 30 days;
and
3. The Appellant signed a return receipt acknowledging the receipt of the Notice
of violation on January 19, 2017 (attached hereto) and failed to contact Code
Enforcement regarding the property; and
4. The walking surface of an aisle, passageway, stairway, exit or other means of
egress of the building is so warped, worn loose, torn or otherwise unsafe as to
not provide safe and adequate means of egress and therefore are considered
dangerous and deemed substandard pursuant to section 108.1.5 of the
031196
INDEXED
International Property Maintenance Code as adopted by the Corpus Christi
Code of Ordinances (the "IPMC"); and
5. The buildings is clearly unsafe for its use and occupancy and therefore is
considered dangerous and deemed substandard pursuant to section 108.1.5
of the IPMC; and
6. The building is neglected, damaged, dilapidated, unsecured or abandoned so
as to become an attractive nuisance to children who might play in the building
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 is considered dangerous and
deemed substandard pursuant to section 108.1.5 of the IPMC; and
7. The building, intended to be used for dwelling purposes, because of inadequate
maintenance, dilapidation, decay, damage or otherwise is determined by the
code official to be unsanitary and unfit for human habitation and therefore is
considered dangerous and deemed substandard pursuant to section 108.1.5
of the IPMC; and
8. The photos attached of 4918 Bonner Drive further support the finding that the
buildings and structures are dangerous and substandard; and
9. Pursuant to Section 101.3 of the IPMC the spirit and purpose of the Code is
to ensure public health, safety and welfare of the residents of this City insofar
as they are affected by the continued occupancy and maintenance of
structures and premises; and
10. The Appellant has not alleged or establish that an error was committed by
the Board; and
11.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 4918
Bonner 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 2-J day of1- , 2017 at a Regular
Meeting of the City Council of the City of Corpus risti, l xas.
ATTEST: l THE CITY OF CORPUS CHRISTI
P\ ccilete,(-(4, (/(cA----6, . , i, __., .../
Rebecca Huerta Joe M fiomb
City Secretary Mayo
Corpus Christi, Texas
( 511L-of .ii, It.
2017
The above resolution as passed by the following vote:
Joe McComb AIL
Rudy Garza 471C
Paulette Guajardo lit
lac
Michael Hunter
Debbie Lindsey-Opel ay._-4
Ben Molina 11.(0
Lucy Rubio 71c
Greg Smith
11 ,
Carolyn Vaughn
1 3 11. 9'
V
PUS.0
•
FINAL ORDER OF THE41.
` ���,
BUILDING STANDARDS BOARD
Case No. 77844-120816
Property Owner(s) RE:4918 Bonner
OWNER:Linda Reyes LOT: 23
ADDRESS: 4918 Bonner Dr. BLOCK:8
CITY STATE ZIP-Corpus Christi, Texas 78411 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 March 23,2017,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 November 23,2016 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 January 12,2017 a notice of violation(s)and request to correct the Violation(s)was sent to the owner and all known
interested parties. Additionally, on January 12,2017 and January 13, 2017 notice of violation(s)was posted in the
Corpus Christi Caller Times;
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 on March 7,
2017,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 February 27,2017 which was at
least ten day prior to the public hearing. Additionally, on February 28, 2017 and March 1,2017 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 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 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 he 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:
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,igen 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 5100,000,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 30th day from the date of this order.
Joel De La Garza FOR`AGAINST Tim Honea i FOR/AGAINST
Lee R.Hassman iFORAGAIWST Craig S.Loving FOR/AGAINST
Matthew Ezell :'EQ/AGAINST lortea Dante C.Miller 'FOR/AGAINST
Gary K.Adams `FORJAGAINST
Ordered this 23`d day of March, 2017. 1,
. , , s.r, (. jai
i h L(•. x^.t Rebecca Hues
Sfined under authority of the Board: City Secretary Signed under the authority of the Board:
Chairperson '-�. Vice-Chairperson
(. Filed. .Gty Secretary DATE TIME
NDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
I Complete items 1,2,and 3 A. 7..,,.*.►.• we
Print your name and address on the reverse \ �e ,_". ._. El Agent
so that we can return the card to you. El Address,
i Attach this card to the back of the mailpiece, n a Received by Printed Name) '1,, Date of Delive
or on the front if space permits. Nil t Of (4 "• 4-` I t' .7
. Article Addressed to: D. Is delivery address different from item 1? Yes
if YE enter delivery address below: El No
) . qLINDA REYES �: ) �`-` �� .
4925 WILLIAMS DR (1 ` f4
ka 6i/
CORPUS CHRISTI, TX 78411
3.0 Service Type Adult Signature ID Prlority Mail Express®
1IIII II! 11111 III 1 1 11111 i I II 111111 1 ❑Adult Signature Restricted Delivery 0 Regs red Mail Restrrir
9590 9402 2418 6249 5164 22 B3 Certified Mail® Delivery
❑Certified Mail Restricted Delivery 0 Return Receipt for
❑Collect on Delivery Merchandise
Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmatior
n 1...........4 Mail 0 Signature Confirmatior
7 016 2140 0000 5067 8687 Moaail Restricted Delivery Restricted Delivery
S Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receii
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