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HomeMy WebLinkAboutAgenda Packet City Council - 02/16/2016 (SP) � Cornus Christi 1201 Leopard Sheet ,�r`1 `, ' I' Corpus Christi,TX 78401 '4' , rriPrac corn ` / Meeting Agenda - Final POSTED City Council / FEB 12 2016 CAP Al/. l.'..,,4. Tuesday,February 16,2016 9:00 AM 7Q3tV.L'ffa,' Special City Council Meeting Public Notice--THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PA e ERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF • E CITY COUNCIL. Members of the audience will be provided an opportunity to a.. :ss the Council during the Public Hearing. Please speak into the microphone locat:, at the podium and state your name and address. Your presentation will be limited •three minutes. If you have a petition or other information pertaining to your subjec please present it to the City Secretary. Si Usted desea dirigirse al Co o y cree que ingles es limitado,habra un interprete inglds-espanol en todas las jun: .:l r. ci'•para ayudarle. Persons with disabilities who pla • L nd this meeting and who may need auxiliary aids or services!re req est to ct the City Secretary's office(at 361-826-3105) at least 48 hours in dv ce th- appropriate arrangements can be made. A. Mayor Nelda Martinez to call t ' g to order. B. Invocation to be given b De o Michael Mantz,Diocese of Corpus Christi. C. Pledge of Allegianc e - ag of the United States to be led by Assistant City Secretary Paul D. City Secretary Re , . Muerte to call the roll of the required Charter Officers. E. APPEAL OF A D- ISION OF THE BUILDING STANDARDS BOARD 1. 16-0198 onsideration of an appeal filed by Timothy Dowling on behalf of Corpus Christi Note Acquisitions, LLC of the Building Standards Board's decision to require demolition of the buildings and structures on property located at 625 Gordon Street. •Statement of Facts Corpus Christi Page I Printed on Z'12/2016 INDEXED City Council Meeting Agenda-Final February 16,2016 •Appellant's Case (up to 30 minutes) • Public Hearing (three minutes per speaker) • City Staff Response (up to 30 minutes) •Council Action -Three options: - Deny the appeal (Uphold the Building Standards Board's decision) - Sustain the appeal (reverse the board's decision) - Amend the board's decision (in whole or in part) F. Adjournment Corpus Christi Page 2 Printed on 2/12/2016 1 pr.F§011 ii(----.013,s Ihj�w� . AGENDA MEMORANDUM rs52 s2 Building Standards Board Hearing Appeal to City Council of February 16, 2016 DATE: February 2, 2016 TO: Ronald L. Olson, City Manager FROM: David Blackmon, Commander—Operations, Police Department (DavidBl@cctexas.com) (361.826.2691) Tracey K. Cantu, Administrator—Code Enforcement Division, Police Department (TracevC(ac cctexas.com) (361.826.3170) Building Standards Board Hearing Appeal for 625 Gordon Street CAPTION: Consideration of an appeal filed by Timothy Dowling on behalf of Corpus Christi Note Acquisitions, LLC of the Building Standards Board's order to require demolition of the buildings and structures on property located at 625 Gordon Street. PURPOSE; Mr. Timothy Dowling, on behalf of Corpus Christi Note Acquisitions, LLC, has requested that the City Council hear and consider an appeal of a decision of the Building Standards Board regarding property located at 625 Gordon Street. BACKGROUND AND FINDINGS: On September 24, 2015, due to the substandard and dilapidated condition of the structures at 625 Gordon, a hazard to the health, safety, and welfare of the public is henceforth declared. The Building Standards Board ordered the structures at 625 Gordon Street to be removed or demolished by owner, lien holder or mortgagee within thirty (30) days. If demolition is not started and completed as required, then the City be authorized to demolish. Per Section 13-24 of the Code, an owner or occupant may appeal a decision of the board to the city council. Mr. Dowling submitted a notice of appeal in writing on October 23, within 30 days of the board's decision. The City Charter, Article VI, Section 2 states that appeals shall be perfected by filing a sworn notice of appeal with the city secretary within thirty (30) days from the date of the decision. In addition, Section 13-24(b), of the Code states that all orders of the Board regarding this property are to be suspended pending a decision on this matter by the City Council. OTHER CONSIDERATIONS: During an appeal, the City Council acts in a quasi-judicial capacity to determine the facts and to determine whether the structure requires demolition. The hearing will be structured as follows: 1. Statement of Facts 2. Appellant's Case (up to 30 minutes) 3. Public Hearing (three minutes per speaker) 4. City Staff Response (up to 30 minutes) 5. Council Action (see Alternatives below) ALTERNATIVES: The Council has three options. 1. Deny the appeal by approving the attached resolution (upholding the Building Standards Board's order to demolish the property located at 625 Gordon Street within 30 days). 2. Sustain the appeal by motion (reversing the Board's order in whole or in part). 3. Amend the board's order by amending the attached resolution (in whole or in part). Under Section 13-24(b), the Council may vary the application of any provision of Chapter 13 of the City Code when the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this Code, the Corpus Christi Property Maintenance Code or public interest or when, in its opinion, the decision of the board should be modified or reversed. A decision of the city council to vary the application of any provision of this Code or the Corpus Christi Property Maintenance Code, or to modify an order of the board in whole or in part shall specify in what manner such modification is made, the conditions upon which it is made and the reasons therefore. 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. DEPARTMENTAL CLEARANCES: Building Standards Board—Code Enforcement, Police Department Legal Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable RECOMMENDATION: Deny the appeal by approving the attached resolution (uphold the Building Standards Board order to demolish the property located at 625 Gordon within 30 days.) LIST OF SUPPORTING DOCUMENTS: 1. Resolution -Affirming the Building Standards Board order to demolish the property located at 625 Gordon within 30 days. 2. Final Order of the Building Standards Board Case No. 15-568 3. Transcription of Building Standards Board Meeting August 10, 2015 4. Transcription of Building Standards Board Meeting September 24, 2015 5. Case Chronology—Activity Prior to September 24, 2015 6. Case Chronology —Activity After September 24, 2015 7. Location Map — 625 Gordon Aerial Photo 8. Evidence Photos 9. Notice of Appeal — Corpus Christi Note Acquisitions, LLC 10.Engineer's Report provided by Corpus Christi Note Acquisitions, LLC. Resolution affirming the Building Standards Board order to demolish the buildings and structures on the property located at 625 Gordon Street. Whereas, the Building Standards Board (the "Board") held a public hearing on September 24, 2015, at 1:30pm regarding property located at 625 Gordon Street 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. 15-568; and Whereas, the authorized agent for the owner of 625 Gordon Street (the "Appellant")filed a written notice of appeal of the Board's order with the City Secretary's Office on October 23, 2015, 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 625 Gordon Street: 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 August 10, 2015, at 1:30pm where authorized agents for the owner appeared and represented the owner estimated it would cost 1.2 million dollars to repair the property and they had the money available but needed additional time to determine whether this would be sufficient funds to repair or if demolition would be a more economically feasible option. At this hearing the authorized representatives made representations that if an extension was granted, they would be sure to secure the property with a fence, board up all openings and provide security. Based on this information the Board tabled the case and the owner was to secure the property with a fence, board up all openings, provide security for the property and return with financial information and a more definitive plan for repairs at the next hearing; and 3. The Board held another public hearing on September 24,2015,at 1:30pm. The owner did not appear, and no authorized representatives appeared on behalf of the owner. However, documents regarding a general timeline for repair were submitted to the Code Enforcement division by representatives of the owner and these documents were provided to the Board. A report was given by City staff advising the owner and his representatives had failed to properly secure the property with a fence, openings had not been boarded up and no security had been provided for the property. After determining that the owner had not complied with the prior request of the board to secure the property and failed to return with financial information regarding the economic feasibility of repair, 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 4. Portions of the buildings and structures have been damaged by fire, deterioration, neglect, abandonment, and vandalism and therefore are considered dangerous and deemed substandard pursuant to section 108.1.5 of the Corpus Christi Property Maintenance Code (the"CCPMC"); and 5. Portions of 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 6. 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 7. The photos attached as 625 Gordon Street Photos further support the finding that the buildings and structures are dangerous and substandard; and 8. Pursuant to Section 101.3 of the CCPMC 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 9. The Appellant has failed to properly secure the property and has not made any of the required repairs and the property remains in a state of disrepair; and 10.The Appellant has failed to 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 Board's attached order requiring the owner, lien holder or mortgagee to demolish the buildings and structures on the property located at 625 Gordon Street is affirmed. P.O.Box 9277 Corpus Christi,Texas 78469-9277•(361)826-3046•htto;//www.cctexas.com/ FINAL ORDER OF THE '` .\ r BUILDING STANDARDS BOARD ''Et'` Case No. 15-56.8 Property Owners) RE:625 Gordon OWNER: Corpus Note Acqulsitons LLC LOT:W 24.4'It 9 all Its 10 thru 12 W 64.48 Lt 13 c/o Tim Dowling BLOCK:40 ADDRESS: 1001 Third Street ADD'N:Undale Park 4 C/TYSTATE VP: Corpus Christi,Texas 78404 This final order is issued pursuant to the authority granted to the Branding Standards Board("Board")of the City of Corpus Christi, ("Cfty"1,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 September 24,2015,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 April 9,2015 an inspection for substandard conditions was made of the buildings)or structure(s)located within the City at the above referenced property; 2. On June 1,2015 a notice of violation(s)and request to correct the violation(s)was sent to the owner and all known interested parties. Additionally,on August 10,2015 and August 11,2015 notice of violations)was posted In the Corpus Christi Caller Times; 3. Thirty days elapsed since the notice of violations)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 September 9, 2015,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 an September 10,2015,which was at least ten day prior to the public hearing. Additionally,op September 10,2015 and September 11,2015 notice of the public hearing was posted in the Carpus Christi Caller Times; 6. After considering the testimony and reviewing the documentation and information submitted by city Staff and atter 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 prbperty 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. 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 bythe 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 reasonablemanner 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 orthe public,therefore it shall be ordered to be vacated within_days. Tile 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 aiid performed in accordance with the time schedules established by the Board,to wit ii 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,ft shall be ordered removed or demo lisj ed 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. Clarissa Beltran FOR Tim Honea FOR lee R.Hassman FOR Craig S.Loving FOR Matthew Ezell FOR Shane Tomo FOR Ordered this 24th day of September,2015. Date Filed '?/i 1' Signed under authority of the Board; plg„it4w Sig under the author) the Board: Chairperson I Vice-Chairperson r[ u R Ahecca Huerta. Filed. City Secretary DATE TIME y Secretary PASSED AND APPROVED this day of , 2016 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas of , 2016 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza, Jr. Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn J ° # ki k. t JMy�tt 4'{ } 1`H J' 1 u i�! .}}MY r ,e. „44, ,ir .;°::.; it „n'-. ,:;'.. : � ttl Rt. F ., , f 4 f- r'a..u's."p�' . r':','' 4?:-'1'14's4'.,. ''''''',I.'''t,:,'14,:' ,,.,:,:,,,,:',,' ,, ' '114 !y E 'I: 1 .-4." :""-"74741;3i' yx ''. 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JJ r a' c1`' ` r 4r � •.I- +11 ,,V. 1 I i •' j 1 4. 1 } 41 r k j b } ''W k 4, ,. 8 'fi' I • t kt 1 fr I t 4-,:i.. y. )t1 .A._ 1 §et ' ` � dis i ty / Ifs 1 ' f LLL 1° Ira 4 .,* 1 4 fl I i °a. � 1 J '�1w f,, iiii 'Cry , ! r t cp e"" or jg 0011 • y. -' s t ` # ! • Di • • J,. m i d .,w I ^, e 4r Code Enforcement Division •',.'4� Police Department DATE: September 24,2015 CERTIFIED LETTER#7014 1200 0001 9125 4487 OWNER Corpus Note Acquisitons LLC RE:625 Gordon Tim Dowling ADD'N: Lindale Park 4 ADDRESS 1001 Third Street LOT: W 24.4' Lt 9 all Lts 10 thru 12 W 64.48 Lt 13 CITY STATE ZIP Corpus Christi, Texas 78404 BLOCK:40 The Building Standards Board met at 1:30 a.m.,Thursday.September 24,2015 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 15-568 P.O. Box 9277 Corpus Christi,Texas 78469-9277 • (361)826-3046 • htto://www.cctexas.com/ FINAL ORDER OF THE ==T. BUILDING STANDARDS BOARD ) U ; i i '!!'. Case No. 15-568 ,..,...,..-- Property '=Property Owner(s) RE:625 Gordon OWNER: Corpus Note Acquisitons LLC LOT:W 24.4'Lt 9 all Lts 10 thru 12 W 64.48 Lt 13 c/o Tim Dowling BLOCK:40 ADDRESS: 1001 Third Street ADD'N:Lindale Park 4 CITY STATE ZIP: Corpus Christi Texas 78404 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 September 24,2015,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 April 9,2015 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 June 1,2015 a notice of violation(s)and request to correct the violation(s)was sent to the owner and all known interested parties. Additionally,on August 10,2015 and August 11,2015 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 September 9, 2015,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 September 10,2015,which was at least ten day prior to the public hearing. Additionally,on September 10,2015 and September 11,2015 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. 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 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: 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 30th day from the date of this order. Clarissa Beltran FOR Tim Honea FOR Lee R.Hassman FOR Craig S. Loving FOR Matthew Ezell FOR Shane Torno FOR Ordered this 24th day of September,2015. Date Filed Oaes Signed under authority of the Board: 11:0,444/.., Signed under the authority f the Board: Chairperson Vice-Chairperson ecca Huerta Filed. City Secretary DATE TIME Secretary 625 Gordon/BSB-August 10, 2015 1 1 2 3 4 ******************************************************** 5 6 TRANSCRIPTION OF 7 CITY OF CORPUS CHRISTI 8 BUILDING STANDARDS BOARD MEETING 9 AUGUST 10 , 2015 10 11 REGARDING THE PROPERTY AT 625 GORDON 12 MULTIFAMILY APARTMENT COMPLEX 13 ******************************************************** 14 15 16 17 18 19 20 21 22 23 24 25 DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 2 1 SPEAKER: This case we have representation by 2 Rebecca Pezzi, Code Enforcement Official . The case is 3 14-1052 . Owner of the property is listed as Corpus Note 4 Acquisitions, LLC. Property is at 625 Gordon. It ' s 5 multifamily apartment units . 6 Staff recommendation is demolition. Structure 7 is 62 percent delapidated overall . And under the 8 provisions of Section 13-22H1C of the Corpus Christi 9 Property Maintenance Code, and due to the substandard and 10 delapidated condition of the property, of the structure, 11 it is a hazard to the health and safety and welfare of 12 the public and is henceforth declared -- yeah, sorry, I 13 lost my place -- therefore, the owner will be required to 14 demolish the structure within 30 days . If demolition is 15 not started or completed as required, then the City will 16 be authorized to demolish. 17 And then we have Rebecca Pezzi presenting on 18 this property. 19 MS . PEZZI : Hi , I 'm Rebecca Pezzi . I started 20 this case in May 2014 from the occupants and tenants 21 complaining to me about the living conditions . It was 22 built in 1963 , so it ' s been there a little bit, but the 23 first building and apartment I 'm going to -- sorry in 24 advance, it ' s kind of long because there ' s so many 25 apartments . DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 3 1 In the first apartment, we found signs of mold 2 and mildew. There was heavy water damage, broken 3 windows . There ' s no screens on any of the windows . 4 Sheetrock damage and cracks in the walls . And we went 5 over there, and Norm from Development Services, and then 6 we brought other entities over there as well , but you can 7 see the water damage in there . 8 Number 2 , Apartment Number 2 , there was damaged 9 sheetrock as well . The copper was taken out of the 10 walls . Water heater and the A/C were disconnected. 11 SPEAKER: Were these occupied units at the 12 time? 13 MS . PEZZI : When I first started, yes . But now 14 they' re not in these pictures . 15 SPEAKER: Okay. And how many units total are 16 there? 17 MS . PEZZI : 42 . There ' s broken windows, and 18 then also no screens . Water damage, ceiling damage in 19 the restroom area. Door frame damage, and the paint was 20 deteriorating. Door frame, holes in the wall, damaged 21 light fixtures, broken windows , missing screens . 22 Number 16 had sheetrock damage, holes in the 23 walls . The copper was taken, mold and mildew, paint 24 deteriorating, ceiling damage in the restroom area. 25 Number 34 , again I 'm sorry, this is very DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 4 1 consistent throughout all of them. But sheetrock damage, 2 holes in the walls . This floor was very soft when I -- 3 it felt like it was buckling when I would walk on it . 4 Exposed wiring. The floor was soft in here as well . 5 That ' s what that picture is . More exposed wires . There 6 was holes where people came in as well through the 7 ceiling after it was boarded up. Damaged counter. 8 Apartment Number 35 had damaged sheetrock, 9 holes in the walls . The copper was taken also from this 10 apartment . The A/C and water heater were disconnected. 11 Had broken glass at the window, and the A/C was 12 disconnected. And this floor was buckling as well . 13 Apartment 36 had sheetrock damage, holes in the 14 walls, damaged door frame, missing screens, taking -- 15 stolen copper from the walls . 16 Number 37 had a damaged door frame, the rotten 17 sill , water damage, and possible signs of mold 18 and mildew, a damaged front door. Exposed wiring, 19 missing screens and broken glass, cracks in the ceilings 20 and walls . And that ' s where the floor was soft . The 21 switch covers were damaged, and someone coming in through 22 the ceiling. 23 Number 17, damaged door frame from people 24 coming in. This one had fire damage . This was one of 25 the apartments that was set on fire . And it has, it had DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 5 1 heavy water damage before and after the fire, but there ' s 2 damaged sheetrock, holes in the walls, and they took some 3 of the copper from this apartment as well . 4 Number 18 had heavy water damage, and this is 5 when people were living in there . Signs of mold 6 and mildew, paint deterioration. It had a broken window 7 frame and broken glass and no screens in that apartment 8 as well . 9 Number 19 had water damage, holes in the walls, 10 sheetrock damage, missing screens and broken glass . One 11 of the lavatories is loose from the wall . Had a damaged 12 countertop, cracks in the ceilings . 13 Apartment 38 upstairs, this is above the one 14 that was on fire . They had some damage from that fire . 15 A/C and water heater disconnected, sheetrock damage, door 16 frame, broken glass and screens . 17 MR. RODRIGUEZ : Isaac Rodriguez, Police 18 Department . We were actually told by Development 19 Services not to go to that apartment because the walkway 20 to that was, looked dangerous . So I just wanted to put 21 that in there . She still went, though. 22 MS . PEZZI : That ' s a different one . 23 MR. RODRIGUEZ : Sorry, I misspoke . 24 MS . PEZZI : Apartment 4 -- I 'm sorry -- 39 had 25 holes in the walls . This is when it was occupied. She DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 6 1 was showing me where all the floors were very soft and 2 buckling when we walked on them. She wouldn' t even let 3 me go in certain areas because she knew the soft spots . 4 Sheetrock damage . They had a leak in the bathroom, 5 broken windows, no screens . And again, there ' s another 6 soft spot in the floor. 7 Apartment 40, another upstairs apartment, had 8 cracks in the ceilings, broken glass and no screens . 9 Apartment Number 20 had damaged sheetrock, 10 water damage, stolen copper. The A/C and the water 11 heater were disconnected. Broken switch covers, holes in 12 the walls . Oops, I 'm sorry. 13 Number 21 is the, where the fire was that he 14 was talking about, or it -- we wouldn' t go in there . 15 Development Services wouldn' t let us go in there . So we 16 just took what we could from the door and -- but it was 17 arson, correct? 18 MR. RODRIGUEZ : Yeah, I ' ll talk about that in a 19 minute . But -- 20 MS . PEZZI : Okay. 21 MR. RODRIGUEZ : They both were arson. 22 MS . PEZZI : Well, he had told me that, so I 23 wasn' t sure . But I ' ll let you talk about that in a 24 minute . 25 Number 41 was sheetrock damage, holes in the DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 7 1 walls, and this is the upstairs apartment . Copper taken. 2 The paint was deteriorating, and ceiling damage . Missing 3 screens . The shower, this is how it was when they were, 4 it was occupied. You can see next door. 5 And Apartment 42 , Development Services didn' t 6 want -- Norm didn' t want to go upstairs because of the, 7 not the patio but the -- 8 SPEAKER: The balcony. 9 THE WITNESS : Thank you, the balcony, it was 10 not sound. They didn' t want to walk on it . I went up 11 there, I had went up there already and took pictures, 12 just myself, and people had come in through the wall . 13 The A/C and water heater were disconnected, broken glass, 14 missing screens, and light fixtures were damaged as well, 15 broken windows . 16 This, I just want to put a little bit in here, 17 this is a laundry room. This is a, there ' s a hole on the 18 right side of -- whoa, I 'm sorry, I forgot it was a touch 19 screen -- there ' s a hole to the outside . It ' s just a 20 cover on the outside blocking that hole on the right side 21 of the picture . When there were washer and dryers, it 22 was like that . 23 Some of the exterior pictures of the outside, 24 of the brick, and it ' s not veneer, so it ' s actual brick, 25 and the cracks in the mortar. DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 8 1 Here, there was a pipe attached to the wall 2 with all the copper wiring, they had cut that down and 3 removed it and cut all the wire off of that as well . 4 This was taken from all the buildings . There ' s 5 no one in particular in order. That ' s part of the 6 balcony that was burned that you can see there . And the 7 covers were all kind of patch job, and so they had water 8 damage because they weren' t weatherproof, so they' re 9 rotting. 10 The porches and stairs were, weren' t in really 11 good condition. The stairs were replaced with pieces of 12 wood. And some, if they weren' t even, were wedged with 13 pieces of wood to make them even, but it was very 14 unstable . And it was separating from the actual balcony, 15 the stairs in certain areas . 16 They had rotten wood. Some were missing boards 17 on the steps . And the balconies, some had inadequate 18 support . It had missing handrails . Some were rusted 19 through. Uneven landing on the balconies on the second 20 floor, and loose support posts . 21 The bottom right, you can see it ' s rusted. 22 It ' s not even connected any more to, the railing, to the 23 bottom of the stairs . More rust connecting to the patio . 24 Again, that ' s not even connected, the post . 25 This is what we had, just threw this in here, DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 9 1 what it looked like before we had filled it . The tenants 2 were just throwing stuff in there . But it ' s no longer 3 like that . We filled it . So it ' s just there now. 4 The roof, we had the drone come and assist us 5 with this to take aerial photos . We found rotten eaves, 6 rotten rafter tails, and the roof was weathered and worn 7 on all the buildings . All right . I tried to hurry. 8 MR. RODRIGUEZ : I 'm sorry, I ' ll try to hurry, 9 too. Isaac Rodriguez, Police Department . Just to give 10 you a background and kind of the criminal history of the 11 property, this, due to the living conditions and due to 12 the criminal activity at this location, it was turned 13 into a Interdepartmental Nuisance Abatement Task Force 14 case, and we contacted the landlord or the management 15 company at that time . They agreed that it was in bad 16 condition, so they were going to evict everybody to fix 17 all the problems . They evicted everybody. Everybody was 18 finally out in December of last year, and they said that 19 they were going to fix it . They haven' t done that since 20 then. 21 Just to give you some more history as far as 22 the criminal history, there have been, in the two-year 23 period there the past two years, there have been 98 24 reports filed for this location, and 19 of those were 25 felonies . DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 10 1 Out of those 19 felonies, there are three 2 arsons . One was a bed that was set on fire in the lot . 3 The other two were the two apartments, and they were 4 considered arson by the Fire Department . One they found 5 lighter fluid and they saw -- they had a witness that saw 6 three Hispanic males leaving the location. 7 Some of the other reports that have been placed 8 there are prostitution, possession of controlled 9 substance, of which I think one was heroin and the other 10 one was for sure synthetic marijuana . 11 There are other cases where the Gang Unit 12 advised me that it was, it ' s - - it was weird because they 13 called it a gang melting pot . Usually gangs, they stick 14 in one place and there ' s only one gang. This had several 15 different gangs in one location. So they were constantly 16 going by and they would find all this stuff going on. 17 And other criminal stuff that happened there 18 were they had garbage, refuse and other waste, which they 19 had raw sewage leaking out into public areas where the 20 kids were playing, and that happened twice . We had to 21 give them two citations, one on 6/11/2014 and the other 22 on July 1st, 2014 . 23 The property has been left, after, after it was 24 empty, reports stopped being made because there was 25 nobody there to make them. But officers still went by. DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 11 1 And I advised, after it was completely empty, I advised 2 the management company that on 1/30/2015 that they were 3 getting into the apartments and they were stealing the 4 copper and that they needed to find a way to secure them, 5 make sure that nobody got in there . 6 They didn' t do anything. We had to secure the 7 building. We had to board up all the apartments, and 8 they are still going in there and stealing copper. 9 They' re still going in there to this day. 10 Actually, I have a report here on July 31st, 11 there was an officer doing a routine patrol, because it 12 is a very, very high traffic, high problem area, doing 13 routine patrol . He found two individuals, one -- that 14 were trying to steal copper. He arrested them for 15 criminal trespass . They didn' t get a chance to steal the 16 copper, so he was unable to charge them with that . 17 We 've done, I think, nine board-ups total in 18 that place, and that ' s just the ones that we were able to 19 get approved. We had to wait some time to where we can 20 maybe get it done . We were trying to make contact with 21 the landowner and get them to do it, but they wouldn' t do 22 it themselves . 23 And just also to go on, not only is the Police 24 Department doing a continuous patrol of the area, the 25 Fire Department does that as well . One time whenever we DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 12 1 were there doing an inspection, the Fire Department 2 pulled up, and I was like, "Is there a call here?" They 3 said, "No, we come here every once in a while to check 4 the property because we 've had so many calls here . " 5 So it is a high crime area that is not being 6 taken care of . The kids from the Ray High School right 7 across the street, they make their way over there 8 sometimes . It is a dangerous place . As you can see, the 9 railings are there . Transients go in there . As you can 10 see by some of the toilets on the pictures that were in 11 the presentation, they go in there, they stay in there . 12 They use the facilities . They sleep overnight . We ' re 13 just kind of concerned about the kids going and being in 14 contact with that, so -- 15 MS . PEZZI : While I was there with Officer 16 Mihalko, there was a man coming out of the boarded 17 apartment . And they' re -- at first they were taking them 18 off and going in, and now they leave them on there and 19 just kind of squeeze in. And we heard the wood hit the 20 building, and we turned around and someone was walking 21 out, and he ran from the officer. 22 MR. RODRIGUEZ : I do have a sampling of some of 23 the, the reports here . I have 13 reports, and then I 24 have the three arsons, if you do want to take a look. 25 MS . PEZZI : They also have $44 , 411 in back DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 13 1 taxes as well . I mean, that ' s in the book, but -- 2 MS . CANTU: I have a couple of things to add as 3 well, Tracy Cantu with Code Enforcement . Up to this 4 point, since we went back for September, and I think that 5 was when the board-ups and the abatement events began, 6 there have been a total of 11 abatement events that have 7 had to be conducted by Code Enforcement, totaling almost 8 $20 , 000 , as far as fees and funds expended for abatement . 9 We did also ask our Building Official, Gene 10 Delauro, if he could make a general statement on some 11 requirements from building inspections that might be 12 needed if the property were to be rehabilitated, some of 13 the requirements, just have him make a statement about 14 that, if you don' t mind, Gene . 15 MR. DELAURO: Gene Delauro, Building Official . 16 So this project, as with any project, would be subject to 17 the 50 percent rule . And the 50 percent rule is that if 18 you perform work, the value of that work, if it exceeds 19 50 percent of the taxable value of the building, then the 20 entire building has to come up to current standards and 21 codes . 22 So, difficult to tell , we have big buildings 23 here . We 've got obviously a lot of damage that needs to 24 be done . But what ' s probably unknown at this time is 25 what ' s behind those walls and how that water has DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 14 1 deteriorated that building. And that probably wouldn' t 2 be known until, until that was all removed. 3 So, but if the value of the work exceeded the 4 taxable value, the entire, all the buildings would have 5 to come up. And I don' t know what the taxable value of 6 these buildings are . Given their current state, they' re 7 liable not to be very high, which means the threshold for 8 doing the amount of work you want to do is probably, 9 could push these things to be brought up to current 10 standards . 11 SPEAKER: The current taxable value is 12 $1, 233 , 000 . 13 MR. DELAURO: So if you did -- I 'm sorry, 14 1 . 2 million? So if you did in excess of $600, 000 of work 15 to these buildings, you' d have to bring, bring all the 16 buildings up to current standard. 17 And that is measured in a 12-month period. So 18 you can ' t, you can' t do a certain portion of work one 19 year, come back the next year. You know, you have to -- 20 can' t do a project in January, do another one in May, do 21 another one in November. We count all the work across 22 twelve months for that valuation. 23 SPEAKER: Anything more from staff? 24 MR. RODRIGUEZ : Just add one more thing for 25 Apartment 17 with all that water damage, we were the ones DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 15 1 that found the leak. We were the ones that had to get it 2 shut off to prevent further damage . I just wanted to let 3 you know that the City has been taking care of this place 4 for a very long time . 5 SPEAKER: Okay. Any questions of the board to 6 the staff? 7 SPEAKER: About how many people were living 8 there whenever you went? 9 MS . PEZZI : They were full , occupied, and there 10 was more than two to three in each one, so -- including 11 children and -- 12 SPEAKER: So all 42 units? Wow. 13 MS . PEZZI : 40 , Apartment 40 -- actually, 14 Apartment 40 was the only one that was not in horrible 15 condition. I guess she was good in with the previous 16 owner and he kind of took care of her. But the rest of 17 them were kind of, they took their money and that ' s it . 18 SPEAKER: And was management on site, or no 19 management on site? 20 MS . PEZZI : We would call her and she would -- 21 the previous manager would kind of avoid our calls and 22 didn' t communicate what was happening, and then when she 23 did, it was kind of like not happening. It was kind of 24 like blowing smoke kind of thing, just to prolong it or 25 kind of hold off . DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 16 1 SPEAKER: Do we have ownership representation 2 here? Okay. Then at this time I ' d like to open a public 3 hearing for the property at 625 Gordon. 4 SPEAKER: (Inaudible) -- licensed engineer here 5 in the State of Texas . Right now I 'm representing the 6 management company (inaudible) . If I could get 7 (inaudible) . It ' s a very good report, I 've heard. I do 8 appreciate the thoroughness of it . One thing I ' d like to 9 mention, though, is that it does sound like it ' s more of 10 an indictment of the management and the maintenance 11 operations of the previous owner. There ' s currently a 12 new owner now. It ' s a different owner. 13 SPEAKER: Well -- 14 SPEAKER: I 'm sorry? 15 SPEAKER: I 'm sorry, go ahead. 16 SPEAKER: This owner is wanting to repair the 17 property and bring it up to speed and has been making 18 some visible changes . I understand, and I do appreciate 19 the law enforcement ' s opinion of this, and we don' t want 20 the property to be any part of a detrimental or 21 deleterious facility in the community. We don' t want to 22 see that . 23 We are in the process of putting up a fence 24 around it and boarding up windows . In the report, it was 25 noted that there was damage in various areas, including DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 17 1 doors, windows, walls, ceilings, roofs, seemed to cover 2 everything. What I did see, though, is that most of the 3 damage now did seem superficial in its nature, in that it 4 was people pulling off sheetrock to be able to get to the 5 copper behind it . They pulled the copper out . 6 That ' s, if you look at those photos again, you 7 could see the studs in the wall were still red. They 8 weren' t that dull gray that you get when wood gets old 9 and is not in very good shape . 10 So when I walked the site, yes, I did notice 11 that you had a lot of damage to the sheetrock. You had a 12 lot of damage to doors . You had a lot of damage to 13 windows . The property was purchased in a foreclosed 14 condition. It was a distressed property. I don' t think 15 that the current owner was fully aware of what, of how 16 bad it might have been. However, since that, we 've done 17 some walk-throughs . We 've looked at it . We 've done a 18 couple of reports internally to look at it to see what it 19 might would take to bring it up to speed. 20 I do understand that there ' s a lot of damage, 21 but in terms of sheetrock, we ' re going to replace the 22 sheetrock. In terms of the windows, if we ' re going to 23 bring it up, as Mr. Delauro said, to Windstorm 24 compliance, I 've got to put new windows in. I 've got to 25 put new doors in. The windows and doors are going to DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 18 1 have to be Windstorm required. 2 So in my mind, we 've got an owner here who is 3 willing to spend the money, and it ' s probably the only 4 man in the world that ' s willing to spend the money to 5 bring this place up to speed. We ' re not asking for time 6 for us to get the money to work on it . We ' re asking for 7 time to be able to set aside the legal issues that we 8 have currently from the transfer of the property from the 9 previous owner to the current owner, because the previous 10 owner left the property in a distressed condition. 11 And so what we would like to do is develop the 12 property. We ' d like to rip out all that sheetrock. We ' d 13 like to rip out all that wiring. We ' d like to put on a 14 new roof . We ' d like to fix the doors . We ' d like to fix 15 it all . And we 've got the money to do it . 16 And we ' re taking steps currently to put a fence 17 around and keep it up. And we understand the previous 18 owner just threw his hands up and had nothing to say or 19 do about it, and that caused the City actually to shell 20 out the money to do that previous owner' s responsibility. 21 And we ' re not that type of owner. We don' t 22 want to do that . We don' t want to see that . We want to 23 be a responsible owner of the building in the community. 24 We know that -- we want people to move back in there . 25 That will increase the tax base . DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 19 1 We don' t want to see it flattened and go to a 2 vacant lot, and who knows how long it will sit there as 3 vacant . That ' s kind of a built-up area, and people are 4 wanting to build up in other areas of town. 5 So what we ' d like to do at this point is ask 6 you for the ability to allow us to rehabilitate the 7 facility. And I understand, as Mr. Delauro says, we are, 8 I can guarantee you, above that 50 percent, so we will 9 have to bring this up to code . And so we ' re not asking 10 for it to be any code waivers or anything like that . 11 And again, as Mr. Delauro said, when we get in 12 there and start ripping up boards and find some of these 13 spongy floors, it might be that it ' s just the plywood, or 14 it might be that it ' s the structure . But in either case, 15 we plan on fixing that . 16 Is there anything that you guys have, a 17 question for me in terms of how we ' re intending on 18 proceeding forward that might help you with your 19 decisions? 20 SPEAKER: When do you intend on beginning this 21 project? 22 SPEAKER: Right now, we are currently fencing 23 it in, and we understand the law enforcement community' s 24 issues and concerns about having it open to the public . 25 I have children in school . I don' t want them -- you DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 20 1 know, I understand kids from Ray getting over in 2 there and doing things . We don' t want that either. So 3 we are currently wrapping it now with a fence . 4 SPEAKER: Has the Police Department seen the 5 fencing that ' s being installed? Is that adequate to 6 secure the property? 7 MR. RODRIGUEZ : If they continue, yes . But 8 they only have put fence in the front part of the 9 property and not the back part where the school is . 10 SPEAKER: We ' re waiting on the remainder of the 11 fence to be brought in. But yes, we do plan on bringing 12 the whole site and locking and securing it . 13 SPEAKER: And damage to the floors, a lot of 14 comments and photographs of floor condition -- 15 SPEAKER: Spongy floors? Go ahead, yes, sir. 16 SPEAKER: And then also the exterior, all the 17 cracking in the brick. There is a structural engineer 18 who ' s going to be involved in the assessment? 19 SPEAKER: We would have a full team, yes . It 20 would be an architect, civil engineer, structural 21 engineer, and a MEP team. 22 SPEAKER: When did the owner acquire this 23 property? I don' t think I -- 24 SPEAKER: (Inaudible) -- I 'm with McLemore 25 Management . The owner has asked me to get involved since DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 21 1 about August 1st . I believe he acquired the property in 2 2014 , sometime August, September. At that time when he 3 acquired the property, he became aware of the dire nature 4 of, you know, the issues that the property had and went 5 through an eviction process to get everybody off the 6 property. 7 He ' s since then been kind of tied up in 8 litigation with the previous owner trying to work out, 9 you know, getting some money back for this deal . He 10 acquired this as a package of, with multiple other 11 properties, so he wasn' t fully aware of the conditions of 12 the place . 13 So, yeah, you know, he ' s ready to move forward 14 with at a minimum an evaluation on what it ' s going to 15 cost to really get this property up, up to speed. That ' s 16 what we ' d like right now is just some time to do that . 17 We ' re going to secure the property. We ' re 18 actually doing that as we speak. It ' s taken a little 19 time getting the temporary fence up around there because 20 there is so much construction in Corpus right now. So, 21 you know, within a couple of weeks, though, that should 22 be secure . 23 We ' re looking to hire a security company to do 24 a daily patrol there . They' re maintaining the landscape, 25 keeping the grass cut . We ' re keeping the trash off the DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 22 1 property. I have a guy that goes out there once a week 2 to check on all that stuff . 3 So, you know, that ' s what we ' re asking for at 4 this time . 5 SPEAKER: In your letter, it says it ' s about an 6 18- to 24-month time frame to complete all of the 7 repairs? 8 SPEAKER: Total construction. That ' s total 9 construction. We intend on gutting the facility, 10 bringing, taking everything back down to structure so 11 that we can get in there and find out where any issues 12 are . Such as if we 've had water leaks around a window, 13 we want to pull that floor up, we want to open that wall 14 up to see how the structure is in there . And if we need 15 to make repairs in there, then we need to do that . 16 But in terms of the overall construction, I 'm 17 estimating about a year-and-a-half to two years for the 18 total construction, before they can start leasing out 19 again. 20 SPEAKER: (Inaudible) -- pictures looked really 21 bad (inaudible) and they are, but a lot of it is just 22 cleaning it up, getting that out of there, the sheetrock. 23 As Ward said, you know, the framing generally looks 24 pretty good. It ' s a brick building. It ' s not like we 've 25 got a bunch of siding that ' s rotted (inaudible) . You DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 23 1 know, our client would like to not (inaudible) by tearing 2 it down, so -- 3 SPEAKER: How much do you think it ' s going to 4 take to -- 5 SPEAKER: We ' re thinking in the range of 6 a million, maybe (inaudible) . Yeah, we ' re going to do a 7 thorough evaluation. If it comes back and it ' s two 8 (inaudible) , this is not (inaudible) -- like the time to 9 evaluate (inaudible) , get the job done within the 10 1 . 2 million, like (inaudible) . 11 SPEAKER: When will you have that decision made 12 on the total renovation versus demolition? 13 SPEAKER: Mr. Ward on his time line there kind 14 of has some points there that (inaudible) . 15 SPEAKER: Well , we need probably, Shane, about 16 two or three weeks to be able to get in there, do some 17 destructive testing of our own. What you all were seeing 18 earlier was our advanced destructive demolition team. 19 They were pretty good, weren' t they? 20 But beyond all that, we would need maybe a 21 month to get in there to look, to see, to contract with a 22 structural engineer to get in there and really look, to 23 bring in an architect . 24 I noticed that, you know, a lot of the plumbing 25 fixtures are gone . We ' re going to replace those anyway. DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 24 1 So the water heaters, we ' re going to replace those 2 anyway. Air handlers, air conditioning units, we ' re 3 going to replace those anyway. And we have money set 4 aside for that . 5 But to be able to go in and make that initial 6 determination as to whether or not to release those funds 7 to be able to do that work, we would need a little bit of 8 time to bring professionals in, do some destructive 9 testing, so that we can visually get in there and see 10 what we need to do and what ' s going to be required to be 11 able to do that . 12 SPEAKER: When' s our next scheduled board 13 meeting? 14 SPEAKER: September 23rd is the next 15 scheduled -- 16 SPEAKER: 24th (inaudible) . Y' all mention 17 affordable housing in your packet here . What is 18 affordable housing? What are these units expected to 19 rent for? 20 SPEAKER: (Inaudible) would manage that or 21 have -- units of this size would be in the range from 700 22 to $900 a month. Generally renting apartments for about 23 700 bucks for a one bedroom. Two bedrooms are going in 24 the $800 range; three bedrooms in the $900 range . 25 SPEAKER: (Inaudible) I mean, as we understand DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 25 1 it, there ' s a bit of a affordable housing crisis here 2 (inaudible) . 3 SPEAKER: Further questions from the board? 4 The security company you mentioned, that would be -- 5 what ' s the plan for the requirements? 6 SPEAKER: I 'm sorry? Say that again? 7 SPEAKER: What ' s the plan to require them to 8 patrol? 9 SPEAKER: Right now we ' re actively just looking 10 to find a company that can do the job. We haven' t 11 secured a company yet . 12 SPEAKER: You understand the Police 13 Department ' s concern and the neighborhood concern about 14 crime in the area . 15 SPEAKER: Absolutely. Absolutely. And we ' re 16 taking steps to secure the property. You know, if 17 somebody really, really wants to get on that property, 18 they' re going to be able to. There ' s nothing we can do 19 about that, other than catch it quickly. 20 But we ' re going to make it difficult for people 21 to get on there, and we ' re paying attention to it . And 22 you know, in the last year, nobody' s paid attention to 23 the property, other than the City apparently. So that ' s 24 changed now. 25 SPEAKER: I think to Shane ' s point, though, if DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 26 1 you only have a security company that ' s going around once 2 a day, that ' s really not going to be enough to -- people 3 will figure out the patterns . 4 SPEAKER: You know, we, we need some help from 5 the City as well . I mean, my client has multiple 6 properties in this town, pay a lot of taxes, you know, we 7 need some help from the City, too . 8 SPEAKER: Yeah, well, we don' t want to see the 9 City lose $45 , 000 in revenue off of the taxes . 10 SPEAKER: (Inaudible) -- a lot of that is 11 because it ' s an easy (inaudible) close to certain things, 12 like (inaudible) . Hopefully some of that nuisance 13 (inaudible) . Property certainly (inaudible) back onto 14 the site, grab whatever remaining (inaudible) hopefully 15 that kind of nuisance . Before now, I mean, you could 16 just grab and run (inaudible) . As before, someone came 17 out of an apartment while they were there and took off 18 running. 19 SPEAKER: You know, a daily patrol is at least 20 going to, if somebody' s in a unit and squatting in a unit 21 or staying in a unit overnight , they' re going to catch it 22 quickly. And I think once somebody' s checking on that 23 place on a daily basis, you know, it ' s going to cut it 24 down dramatically. 25 I mean most, most crime like this is easy DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 27 1 opportunity. And as Jim' s saying, like right now you can 2 just freely walk through the property. And making it 3 difficult to do that is going to prevent that, or at 4 least prevent 90 percent of it , you' d think. 5 SPEAKER: What we ' d like to present is that you 6 have a new owner, and (inaudible) previous owner did not 7 care (inaudible) call and complain with water leakage and 8 things like that, and the management company would not 9 respond. And that ' s one of the reasons that we led into 10 this sale where it was in foreclosed condition. 11 So with the new owner now, we ' re going to bring 12 this away from -- we want to get away from that kind of 13 management, be able to bring it back up. We think we 14 have the money to rebuild it . We ' d like to be able to do 15 a little bit more investigation just to be sure, but we 16 think we have everything in place to be able to move 17 forward in a positive way. We ' d just like to ask for 18 assistance in that, allow us to do that . 19 SPEAKER: In our City ordinance -- 20 SPEAKER: Yes, sir. 21 SPEAKER: -- codes, I 'm sorry. 22 SPEAKER: Yes, sir. 23 SPEAKER: (Inaudible) about the bond? 24 SPEAKER: (Inaudible) about the watchman 25 requirement she ' s about to read just to remind the DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 28 1 property manager. 2 SPEAKER: It ' s in the UBC, Section 13-3012 , 3 Watchman Required: "If boarding, fencing, or the use of 4 electronic monitoring systems, or the use of other 5 methods fails to keep unauthorized persons from entering 6 or occupying a vacant building, the owner shall have a 7 watchman on duty upon the premises every day continuously 8 between the hours of 4 : 00 p.m. and 8 : 00 a .m. " 9 Section B, "The watchman must remain on duty 10 daily during the required hours until the building is 11 either legally occupied, demolished, or sold. " So I 12 think it would take a little bit more than a drive by. 13 SPEAKER: That sounds like the trigger is if 14 law enforcement comes back and says we still have a 15 nuisance . And they can' t stop that nuisance from 16 happening, other than putting a watchman on 24/7 , then we 17 might can do that . 18 But at this point, let ' s do what the ordinance 19 says, let us put the fence on, let us board the windows 20 up, and if we still hear from Officer Isaac that we have 21 an issue there, then we ' ll look at other options . We 22 certainly will, yes, sir. 23 MR. RODRIGUEZ : Let me add something real 24 quick. I was -- that would be the next course of action, 25 because the board-ups are definitely not working. So the DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 29 1 next way would be to put the fence up. So I do concede 2 that . 3 But I do want to also just let you know, this 4 is not a new owner . The owner, this owner has had the 5 property since we 've been working the case the whole 6 entire time . So he keeps saying new owner, new owner. 7 SPEAKER: Well , that ' s why I asked when he 8 acquired the property. 9 SPEAKER: It is a new owner in terms of the 10 issues that we ' re having. The issues that we ' re having 11 are coming from the previous owner, the previous 12 management, and the style they had to operate the place . 13 The style was that we take the tenants ' money and we do 14 nothing. And that ' s why it, over time, deteriorated. It 15 went into foreclosure . The new owner bought it in a 16 distressed condition and has been tied up legally and 17 can' t, we can' t go on to the property now and do anything 18 really until we get the legalities out of the way. 19 SPEAKER: So what ' s the time frame for that? 20 Because earlier you said that we would be able to 21 determine a month from now the feasibility of rehabbing 22 it, but -- 23 SPEAKER: I 'm not directly involved in that, 24 but as I understand it, that has been resolved to the 25 point where we can move forward. DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 30 1 I think the main thing here is our client took 2 the property over in August, September of last year. 3 There was three or four months of getting everybody off 4 the property, and he ' s been in this litigation with the 5 previous (inaudible) trying to get some things resolved. 6 So, you know, things probably could have 7 progressed a little more quickly. He also had, the Reid 8 property was part of (inaudible) and these properties 9 came in, tied up with that . You know, he ' s spending a 10 lot of money. He doesn' t have an endless supply of 11 money. You know, we, he has to raise funds (inaudible) . 12 You know, he ' s had (inaudible) related to this 13 deal (inaudible) , the Reid Apartments, which is across 14 the street that we had torn down (inaudible) . Gordon has 15 just unfortunately been a little bit pushed back, but 16 we ' re ready to do something now. 17 SPEAKER: What ' s a reasonable time for the 18 feasibility? Can y' all have it back by September 24th? 19 SPEAKER: (Inaudible) getting close 20 (inaudible) . We can give it a shot, but it ' s going to be 21 close . We can probably get a preliminary one, not a 22 thorough one, that would give you maybe a rough 23 indication of kind of whether or not yea or nay. 24 We could pick some of the more worse areas, 25 where we had the water damage and things and pull that up DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 31 1 and see where we ' re at, like the spongy floors and 2 things . Some of the exterior work, like the balconies, 3 patios and stair rails, we ' re planning on repairing that, 4 replacing that in total . We ' re not going to try and put 5 boards up. 6 SPEAKER: (Inaudible) have a pretty good idea 7 by that time, but realistically we ' d like two months to 8 do that . 9 SPEAKER: Well , our next meeting isn' t till 10 November after that, which we ' re going to continue with 11 maybe some of the same problems, hopefully not with the 12 fence, but -- 13 SPEAKER: Right . 14 SPEAKER: Prolonging some of this -- 15 SPEAKER: I would like to -- I ' d be more than 16 happy to come back and kind of give you guys an update 17 for your next hearing (inaudible) helpful , and 18 (inaudible) at that point . It ' s a hard project we have 19 ahead of ourselves here, and (inaudible) . 20 SPEAKER: If we table this , we will expect it 21 to be brought forward again. I mean, to table it will 22 mean it comes forward to us again for action at the next 23 meeting. And the Police Department and Code Enforcement 24 will all be here with an update for us, including the 25 owners, if y' all have something to add. If not, we have DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 32 1 the opportunity to take action at that time . 2 SPEAKER: That ' s reasonable . 3 SPEAKER: Any discussion questions further? 4 SPEAKER: I think also that we need to point 5 out that the City also has the right to request a bond or 6 a surety bond -- is that correct, right, on Page 5 -- 7 that will, you know, you put up a bond of a minimum of 8 $100, 000 , and then you've got to provide also a financing 9 letter as well, or some kind of letter determining that 10 this is something that the owner can do, because you did 11 say that they have a bunch of other properties and not an 12 endless supply of money. So I think that might be, might 13 help your case as well, if that ' s -- 14 SPEAKER: (Inaudible) state law is where she ' s 15 at . 16 SPEAKER: (Inaudible . ) 17 SPEAKER: Other questions? Okay. If not, I 'm 18 going to close the public hearing. Thank you. 19 SPEAKER: Thank you. 20 SPEAKER: And if there ' s nothing further from 21 staff, we ' re going to have a motion made . 22 SPEAKER: All right . I would like to add one 23 thing. 24 SPEAKER: Please . 25 SPEAKER: We did have the opportunity to meet DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 33 1 with the management yesterday, and they gave us a prelude 2 to what they were going to discuss and their intent for 3 the rehabilitation of the property. And we did explain 4 to them that we had to go ahead and move forward with the 5 board. The case had already been set to come to the 6 board, and that was due to the neglect of the owner, the 7 current owner, and his nonresponsiveness up until this 8 point . 9 We have, you know, followed due diligence and 10 due process of law to notify the owner and any 11 responsible parties . Again, I made the point of the 12 amount of money that the City has put out to maintain and 13 to secure this property up to this point, and we are just 14 looking for some assurance and accountability. 15 And you know, I know that they do have a plan 16 now, but just making that point that , you know, the 17 reason we had to get here was because of the 18 nonresponsiveness . 19 So just, we would like to continue with the 20 discussions with the management group in coming to, you 21 know, with an actual formal plan so that when we do come 22 back before you next month, you know, there is something 23 more concrete with some firm deadlines and we ' ll continue 24 working with them if that is what the board decides . 25 SPEAKER: (Inaudible) motion. DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 34 1 SPEAKER: So I would like to make a motion -- 2 let ' s see if I can get through this -- that we table this 3 for our next meeting for September - - what date is it? 4 SPEAKER: 24th. 5 SPEAKER: 24th, but in the meantime -- and we 6 will rehear the case at that point . In the meantime, 7 that the property be secured, that the fence be put up, 8 that a third party security company be hired as well, and 9 then that we will be provided with some financials and a 10 more definitive plan at the next hearing. 11 MR. TORNO: Shane Torno, second the motion. 12 Discussion? Okay. Then we ' ll vote from left to right . 13 SPEAKER: Aye . 14 SPEAKER: Aye . 15 SPEAKER: Aye . 16 SPEAKER: Aye . 17 MR. TORNO: Thank y' all . 18 (End of recording. ) 19 20 21 22 23 24 25 DepoTexas, Inc. 625 Gordon/BSB-August 10, 2015 35 1 STATE OF TEXAS 2 COUNTY OF NUECES ) 3 4 I, MOLLY CARTER, Certified Shorthand Reporter 5 for the State of Texas, do hereby certify that the 6 foregoing 34 pages, numbered 1 through 34 , constitute a 7 full, true and correct transcription, to the best of my 8 ability, of the proceedings had in the above-captioned 9 cause; thereafter, reduced to typewritten form by me and 10 under my supervision. 11 Certified to by me this 25th day of January 12 2016 . 13 14 15 16 MOLLY CARTER, CSR, RPR, CRR 17 CSR NO . 2613 , Expires 12-31-17 18 DepoTexas - Firm No. 644 615 N. Upper Broadway, Suite 1450 19 Corpus Christi, Texas 78401 Telephone : (361) 883-3400 20 21 22 23 24 25 DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 1 1 2 3 4 ******************************************************** 5 6 TRANSCRIPTION OF 7 CITY OF CORPUS CHRISTI 8 BUILDING STANDARDS BOARD MEETING 9 SEPTEMBER 24 , 2015 10 11 REGARDING THE PROPERTY AT 625 GORDON 12 MULTIFAMILY APARTMENT COMPLEX 13 ******************************************************** 14 15 16 17 18 19 20 21 22 23 24 25 DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 2 1 SPEAKER: Okay. Staff has recommended that we 2 go ahead and address Gordon. They' re prepared with the 3 slides for that one, so we will move to 625 Gordon. 4 SPEAKER: Okay. So at this time we ' ll hear 5 from the staff regarding the property at 625 Gordon 6 Street . 7 MS . PEZZI : Hi , Becky Pezzi, Code Enforcement . 8 This property was built in 1963 . I had first responded 9 to the property on the 19th of May 2014 reference broken 10 windows, bed bugs, floors sagging, ceilings collapsing. 11 And when the tenants let me in, I confirmed all of those 12 things . And on the 20th of June 2014 , I went and did my 13 reinspection and no issues were resolved. 14 On 7/18/2014 , Norman Walters with Development 15 Services accompanied me over there with the Fire Marshal, 16 the health inspector, Jennifer Richter, and we did an 17 inspection for them, seeing as there was raw sewage, 18 exposed wires, and there was water leaking onto the water 19 heater with exposed wires while tenants were living 20 there . 21 On August 5th, I was advised there was new 22 owners as of the 4th, which would be the Corpus Note 23 Acquisitions, LLC. And so I started a new case on the 24 20th of August, when I was able to go with the manager at 25 the time . DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 3 1 SPEAKER: That was 2014? 2 SPEAKER: August -- yes, August 20th, 2014 , and 3 observed the same things there . I kind of did a 4 walk-through with them, explaining what I had issues 5 with, so they could let the owner know. On -- while I 6 was there, I had high weeds, there was solid waste on the 7 property as well as the minimum standards . 8 On September 15th, 2014 , there were vacancies . 9 They were starting to evict people, and people were 10 moving out, and they weren' t securing the property. And 11 the management said she couldn' t get, didn' t have access 12 to the money, and she was waiting for approval, so I 13 boarded it up as an emergency board-up, with seven 14 openings . 15 On February 24th, 2015 , I did a, started a 16 vacant building case, seeing as a lot of the apartments 17 were vacant, and also another case for the high weeds and 18 stuff on the property. 19 I 'm going to go over a slide, the slide show in 20 a minute, because there was a few people that weren' t 21 here the last time, just kind of recap on the pictures so 22 you could kind of see what I was talking about . It ' s not 23 as long as the last time . 24 They did, since the last meeting, since it was 25 tabled, put a fence around it . It was a very minimal DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 4 1 effort fence . There ' s no lock. People can just walk in, 2 and there was also holes in the fence, in the wooden 3 fence, so they can just come in any way. 4 They never, they hadn' t reboarded what I had 5 asked them to board. And I had sent e-mails with the 6 manager kind of asking, and for example, on September 7 9th, I e-mailed the manager Ryan and letting him know 8 that I have openings that need to be resecured. The 9 boards were still there, just needed to re-screw them on 10 the frame . 11 I didn' t get a reply till the 14th, and while 12 waiting for that, I went on the 11th with AEP. I got a 13 call from Officer Rodriguez saying that AEP was on the 14 property and they had issues there I needed to come, you 15 know, because of this case we were working on. 16 And I believe AEP is here, so they' ll talk 17 about that when they' re, what they found when they come 18 up . But when I got the reply on the 14th from the 19 manager, with the information saying that -- I replied to 20 him saying, "Well, what is the status? What is the plan? 21 Do you have an engineer, you know, evaluation and 22 report?" 23 He didn' t reply till the 22nd, and he did say 24 the fence was finished, but it was around the 16th or 25 17th when I went that it just had been done . So, and DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 5 1 then that ' s - - again, I asked him if he needs me to go 2 show the contractor that they have, what openings I 'm 3 talking about, because they would leave the boards on 4 there and, you know, come in. 5 But there was several -- well, first of all , it 6 was -- utilities were terminated on April 2015 , just to 7 show when it ' s, how long it ' s been vacant . And again, 8 I 'm going to recap the pictures and what the issues are 9 on the property. 10 On the interior, there were signs of mold 11 and mildew, due to water leaks, and possible plumbing 12 issues in and under the building. Damaged sheetrock, and 13 there was copper stolen from the walls, but they' re just 14 missing pipes everywhere in the walls now because of 15 people that have broken in through the boards . 16 The A/C and water heaters were removed and 17 disconnected. There ' s heavy water damage . When people 18 were living there, it was like that . Walls were missing 19 and sheetrock damage . Some rotten wood inside due to the 20 water leak. 21 Broken window glass, and rotten frames on the 22 window and the door. Holes in the walls and ceilings 23 again. And right here you can see on the cabinet, it ' s 24 really warped because of some of the water. This is just 25 one of the apartments . DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 6 1 Some of the bathrooms and the sinks in the 2 kitchen were disconnected and taken, because they weren' t 3 on the property. There was pipes dug out from underneath 4 there . There ' s exposed wires and cracked ceilings and 5 walls . The floors in some of the apartments were very 6 soft and felt like they were buckling when I would walk 7 on them, in multiple places in certain apartments . 8 Fire damage in two of the apartments . There 9 were three at the location, but only two were in the 10 apartment . 11 On the outside of the building, there was a, 12 found rotten corner boards, rotten wood and charred wood 13 from the fires . This is indicating foundation shifting 14 from the cracks in the veneer brick, or the brick on the 15 outside . And there were rotten eaves and rafter tails 16 due to the water damage . 17 On the steps, they were all in pretty bad 18 condition and all the eaves as well, but some of the 19 railings, the secured posts were not secured to the 20 building at all . That ' s by one of the fires in the 21 apartment . That one ' s in bad condition. And there 22 again, it ' s not attached, it ' s just sitting there, the 23 post . 24 Handrails were missing. Steps were missing. 25 And they, it felt like on certain areas of the balconies, DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 7 1 there was, it was very shaky and unstable, like it 2 wasn' t -- I was questioning if it was going to support my 3 weight . 4 There was a lot of rust as well on the 5 handrails and on the balcony and loose support boards . 6 And some places like that, it was kind of separating from 7 the building. 8 I just went there recently, but this is from, 9 since the last hearing when we tabled it . They did have 10 a partial fence put in the front that kind of stopped in 11 the front . That was on the 3rd of September, this year. 12 And if you look, there is a little red, I guess it ' s a 13 PVC cut pipe, and that ' s a live, those are live wires, 14 according to AEP . But again, he ' s here, he ' ll explain 15 that to you. 16 This is on the 11th. These are all open. 17 That ' s why I ' m taking pictures of these boards showing 18 that it ' s these ones in particular. 19 I 'm showing these because I , I feel like it ' s a 20 lack of effort, like they say they were going to do a 21 lot, but -- and I would try to encourage them and work 22 with them, but it just wasn' t, not much was getting done 23 it felt like . And in this picture, they had cut the wire 24 that was a live wire as well . Sorry. When we took the, 25 the power was cut, there was what was on there, and I DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 8 1 guess whoever possibly got shocked. 2 On the 16th, still the openings after I had 3 e-mailed him asking him to meet with his, his contractor 4 so I can show him the board-up . And these were the 5 fences, this is when it was complete . But the wires are 6 just holding them together, so it ' s very, again, minimal 7 effort on the fence . It feels like it ' s not very secure . 8 And we never saw anybody walking the property, like the 9 security or any other, anybody else to watch the 10 property. 11 I was forwarded this picture . It ' s not very 12 clear on this, but the gate is open, the one that it was 13 unsecured. That was obviously at night, and they, it was 14 wide open. So someone had been in there, because when I 15 went back the next morning, it was closed. And the 16 police were called out there to, you know, check the 17 property. 18 But , and this was the 22nd. We were here again 19 just checking on the property. And there were some 20 differences in the property, and we found someone inside 21 one of the properties, one of the apartments . And he was 22 arrested for criminal trespass, I believe . 23 There were still the same openings again, and 24 the wires holding together the fence . And the weeds have 25 started to grow. I put a City lock on the gate to try to DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 9 1 deter them, but I don' t know, there ' s a hole on the fence 2 on the right side in the wood that they can just go 3 through. 4 We were trying to show how high the grass was . 5 It was pretty high. And I put in a work order to have it 6 mowed, since it hadn' t been done . It was mowed and 7 boarded up by the City again. 8 And as of, sorry, we were advised that there 9 was a pending lawsuit due to back taxes totaling about 10 $45, 164 . 09 . We, including the cleanup yesterday, the 11 City is, has a total of $20, 897 of what we 've paid to 12 have it taken care of since we started, so -- 13 SPEAKER: What ' s that number again? 14 SPEAKER: 20, 897 . 15 SPEAKER: That ' s separate from the 45, 000 16 that ' s back taxes? 17 THE WITNESS : Yes . That ' s just back taxes, 18 yes . And so because of the issues we continue to have, 19 the City is recommending still demolition. But I believe 20 Isaac has the legal side of it he wants to add. 21 MR. RODRIGUEZ : Isaac Rodriguez, Police 22 Department . I just wanted to give you a recap, for those 23 that weren' t here the last time, of the criminal history 24 of the location. In a two-year period, there have been 25 98 reports taken at this property, and 19 of those have DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 10 1 been felonies . They range from possession of controlled 2 substance, Penalty Group 1, which is the hard-core stuff, 3 like crack and heroin, stuff like that; possession of 4 controlled substance, Penalty Group 2A, which is 5 synthetic marijuana; prostitution; arson; aggravated 6 assault with a deadly weapon; and of course, copper 7 theft . 8 The two, I 'm going to go into the two arsons . 9 They were, they both happened last year, and they both 10 happened in vacant apartments . The first one happened on 11 10/9/2014 in Apartment 17 . There were three Hispanic 12 kids, I think from the high school right across the 13 street, that went into the room. They had lighter fluid. 14 They sprayed a teddy bear. Because actually myself and 15 Officer Pezzi were in that very room that morning taking 16 photos trying to tell the owners that they needed to 17 board it up, and later that day, the kids set it on fire . 18 The arson investigator said that it was, of course, 19 arson. We tried looking for the kids . We couldn' t find 20 them. 21 The next fire happened on 12/17 of 2014 . By 22 that time, all the apartments were abandoned. They were 23 all evicted. And that was Apartment 21, and there were 24 no suspects . There was nobody around to see who set the 25 house on fire, but again -- or the apartment on fire, but DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 11 1 again, that was arson. 2 The copper theft started around January 30th, 3 2015 . I notified the management company, which is the 4 same management company that ' s still in charge of it, 5 just a different name . I just wanted to make that clear. 6 Back then it was called Fairway. I believe now it ' s 7 McLemore . Yeah, McLemore . And they didn ' t do anything 8 about it . So the copper theft continued, continued, 9 continued, and now they are where they' re at now with all 10 the copper missing. 11 Also, I want to go into the extra effort that 12 the Police and the Fire Department have been doing. Like 13 I stated last time, the Police Department has been going 14 back and doing continuous checks to make sure that this 15 property is safe; however, we cannot be there 24/7 , and 16 stuff still happens . 17 The Fire Department also has taken it upon 18 themselves to go by, because there have been so many 19 fires here, like Officer Pezzi said, two actually, the 20 two that I talked about in the apartments, and then the 21 one outside . They set a mattress on fire . 22 And we 've all been increasing our frequent 23 patrol , and the last time, I don' t know, the manager, he 24 said that he was going to do his part . I talked to him 25 in the back. I said, "We ' ll do our part, we ' ll keep, you DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 12 1 know, keep an eye on it, but we need you to do your part 2 and put up a fence . " Well , as per the board' s request, 3 I 've been keeping up with the property, and I 've been 4 going back weekly. 5 On the 3rd of September, myself and - - my 6 partner and myself went by the location. Nothing had 7 been done . It was the same . On the 11th, that ' s 8 whenever I got the call from AEP saying that they got, 9 they had several meters missing, which was very, very 10 weird, and he ' ll go more into it . They don' t just go 11 missing, so, as far as getting signal back to the main 12 office . 13 So when we got there, we noticed that more 14 copper had been stolen. Still nothing had been done . 15 The fence hadn' t been put up. However we did talk to a 16 guy that was there to mark where underneath the ground, 17 you know, there was pipes and stuff like that . So they 18 were starting the process, but still nothing had been 19 done to, no board-ups or anything like that . 20 On September 17th of this year, we went back 21 again. They had finally put the fence up, but -- or 22 actually, we went back September 16th. They had finally 23 put the fence up, but it was not secured. It didn' t have 24 a lock. The only thing that was holding it was a little 25 piece of string that wasn' t even tied or anything like DepoTexas, Inc. 625 Gordon!BSB-September 24, 2015 13 1 that . 2 And that night , that ' s whenever I got the call 3 from Officer Pezzi saying that the gate was open. So I 4 sent some units by there . They checked the property. 5 They didn' t find anybody at that time, but they did tell 6 me that there was obvious signs that somebody was staying 7 there and that it needed to be secured. So that ' s 8 whenever we started to put, we thought it would be a good 9 idea to put our own lock on it . 10 And then, of course, on the 22nd of this month, 11 which is on a Tuesday, that ' s whenever Officer Orozco and 12 Officer Mahunkle arrested that individual for 13 trespassing, for criminal trespass . He said he had been 14 living there for three weeks, and you know, it was just 15 open, it ' s open to the public . 16 But the main, the main thing that I want to say 17 about this property is that it is a, a safety hazard. 18 Not only is it open to the public so anybody can go in 19 there, and the walls are about to come falling down. I 20 know that there are just veneers, but bricks are still 21 heavy. And the railings are falling off . The railings 22 do not support anything. If a kid goes up there, leans 23 on the railing, they' re going to fall over. 24 Thank God to AEP that they finally shut the 25 power off, because there were exposed wires all over the DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 14 1 place . And again, he ' ll go into that . 2 So it ' s just one huge big safety hazard that we 3 are having to take care of that they are not doing a 4 thing about, and we would like for your permission to 5 demolish it . Thank you. 6 SPEAKER: All right . I believe we have some 7 other individuals from other city departments and other 8 agencies that are here to speak about the property. 9 Rebecca, do you know who we want to bring up first? 10 MS . PEZZI : Yes . Jennifer Richter is here from 11 the Health Department, and she also had given you some 12 papers on her report . 13 SPEAKER: If you could turn on the podium, 14 please . 15 MS . RICHTER: Hello? Okay. Hi, I 'm Jennifer 16 Richter. I 'm with the Health Department . We were sent 17 out there on numerous occasions . We would deal with the 18 pool violations and when it came to raw sewage . So I 've 19 been on this property since March of 2014 countless 20 times, both for complaints with raw sewage on the 21 property, which meant lines were broken, or we ' d get 22 calls from tenants who were living there, they would have 23 raw sewage back up in their sinks and the bathroom and 24 the kitchen. Or let ' s say the neighbor above them was 25 having problems, they would have overflow in their DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 15 1 downstairs apartment . 2 So for me, what I can talk about is the pipes 3 and the plumbing there is really bad. Of course, we 've 4 had the water off for many months and no tenants, so I 5 haven' t been out there lately, but I can just tell you 6 it ' s going to be very costly for them to do major repairs 7 when it comes to the plumbing. 8 But we were out there on countless times for 9 ongoing issues . And it took them a long time to finally 10 fix it . I can say some of the property, the lines were 11 fixed on the outside of the property, but they never 12 really did plumbing repairs on the inside of any of the 13 units . 14 And the pictures they gave you were pictures 15 from both inside and outside the apartments when we had 16 overflows . Any questions? 17 SPEAKER: Are the house issues restricted to 18 the property premises, or do they have any effect on 19 surrounding areas and neighbors? 20 SPEAKER: When we have raw sewage on the 21 property? Then it became, I would think, a community 22 issue, because you had kids walking through there, you 23 know, pets walking through there . So it ' s anybody that ' s 24 living in the area . 25 MR. RODRIGUEZ : If I can add to that -- I 'm DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 16 1 sorry, Isaac Rodriguez, Police Department . We actually 2 had to shut down the water at one point because of sewage 3 coming out into the roadway and going to the curbs and 4 draining onto the gutter. 5 SPEAKER: So it does affect the community as 6 well? 7 MS . RICHTER: Oh, yes . It goes into our storm 8 water. 9 SPEAKER: Other questions? 10 MS . RICHTER: Thank you. 11 MS . PEZZI : And next is Tom Grant from AEP. 12 MR. GRANT: Good afternoon. My name is Tom 13 Grant . I 'm with AEP . I 'm a meter servicer. I respond 14 to outages on the new smart meters . When the signal goes 15 lost in the command center, we do not have meter readers, 16 so we don' t know what ' s going on with the meter, if it ' s 17 gone dead, if something' s, a line ' s fallen down and 18 nobody has power, so we respond to those . 19 On the 11th I responded to four outages on one 20 building. And what it was was in the pictures, what they 21 had done, and it ' s going to be this one right here, they 22 had gone in and cut all the main wires coming in -- these 23 are hot, so if somebody grabs onto them, they' re going to 24 get electrocuted - - and stolen all of the other wires 25 going to the meter. DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 17 1 Now that ' s what we found on that one building. 2 As we went through the property, we found multiple issues 3 where wires were missing. The office was still an active 4 account , and we had to shut it off due to a safety issue . 5 And that was the meter can for the office . 6 There are supposed to be wires going to it . On this 7 bottom left right here is the hot wires that were still 8 hot, coming into where, the meter box, to feed the power 9 to the office . It also fed the pool at the time . 10 And then from there, it goes to the top, where 11 the meter fits into it . Wires go up there, and then they 12 come back down, and then they go out at the bottom right 13 there to the breaker box. Everything' s been stolen. 14 There was two other active accounts there, and 15 they were at the gates . Each wrought iron gate on the 16 Swantner side -- no, Swantner? Swantner side . This was 17 the, there was an electric motor that was there . Those 18 wires are live . It was stolen. So that ' s a safety 19 issue . If somebody walks by, steps on it, they could get 20 electrocuted. We shut that account down also for safety. 21 And it was the same way on the other side . 22 On one building, if you look at this picture 23 right here, this was a main breaker box. It was a huge 24 breaker box that they had hooked on to with a rope and 25 pulled it off of the wall . And the next picture down DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 18 1 where you see the wires that are laying on the ground, 2 the big ones, this one, that ' s where it was . Those wires 3 that are laying down there were hot . So this is another 4 one that we cut it off due to safety, to keep the general 5 public from getting electrocuted. 6 When we got to the center, as we went building 7 by building, this is the type of thing we found. These 8 wires were hot, and they had cut wires that they needed 9 or wanted and just left everything energized to where if 10 somebody grabbed onto it, they would be electrocuted. 11 SPEAKER: What was the date of that visit? 12 MR. GRANT: That was September 11th. The 13 meters had gone missing a few days before that, and so we 14 responded to it as we got to it . And that ' s what we 15 found. I had called Sergeant Rodriguez to explain to him 16 that I needed to go out there because of this issue . 17 Sorry, a few of them are out of order from what 18 I was doing. The main one that I was responding to was 19 these four, and that ' s the, that one picture I showed you 20 that the three wires were hot, they were cut off . This 21 is the electrical trough right here . As you can see, all 22 of those same size wires are gone . And so this killed 23 all four of these meters . And that ' s what the initial 24 response was for, at the two main buildings off of 25 Swantner. DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 19 1 This was still hot when we found this . They 2 were trying to steal this wire . And that ' s these . I 3 don' t know if they got shocked or not, but this was still 4 welded in place to the breaker box. And once we cut the 5 service at the pole, then we removed them safely. Any 6 questions? 7 SPEAKER: Is there any kind of hospital visits 8 associated with that time frame that y' all noted? Okay. 9 MR. RODRIGUEZ : None that were reported, sir. 10 I 'm sorry. 11 MR. GRANT: Everything that was cut off, it was 12 due to safety. But there was such an issue of people 13 stealing the copper, we had no choice but to make it safe 14 for the public . Because at the time we were out there, 15 there was no fence, and we didn' t know that they were 16 going to put up a fence . That ' s upon what the City was 17 doing. 18 We know we have to make it safe for the general 19 public, because I know people could still go through 20 there . So that ' s why we cut the electricity to the whole 21 complex. 22 SPEAKER: Would you say that ' s an unusual or 23 extreme circumstance, or is this something that kind of 24 happens? 25 MR. GRANT: I ' ve worked for the company for 18 DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 20 1 years, and I ' ve never cut off a whole complex. This is 2 the first time in 18 years that I 've ever seen it this 3 bad. 4 SPEAKER: Okay. And was there a response from 5 management when it -- were they notified about the AEP 6 situation, and did you get a response? 7 MS . PEZZI : I e-mailed, but he didn' t mention 8 anything about it, I mean, on replying about AEP being 9 out there . 10 MR. GRANT: And we 've had no response from them 11 why we cut it off . And like I said, there was three 12 active accounts, and they were, all belonged to the 13 owners or management company, but they were cut off due 14 to safety. 15 SPEAKER: Thank you. 16 MR. GRANT: Thank you. 17 MS . PEZZI : And now I have Norm Walters from 18 Development Services that was out there with us on a few 19 occasions . 20 MR. WALTERS : My name is Norm Walters . I 'm 21 with Development Services . First time I went out there 22 was in March of ' 14 , we got a call to assist Code 23 Enforcement for possible building violations or safety 24 issues with electrical on the site . 25 When we got there, we did find several air DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 21 1 handling units, which is the heaters inside the building, 2 with wires that were not properly secured to, or 3 installed to the units . 4 We found condensers that were actually leaking 5 water out onto the floors in the apartments, and actually 6 weakening the floors . We had a couple of apartments we 7 walked through that actually, if we put two or three 8 people there, it was a good possibility we could have 9 gone through the floor. It was that soft . It was like 10 trying to walk on real thick, heavy carpet . 11 We found one apartment we went into, as we were 12 heading that direction, we found a gentleman coming out 13 with a bucket, and he was pouring it all out on the lawn, 14 and it was human waste, which was coming out of one of 15 the waste lines because the line was plugged, so he had a 16 clean-out in there . 17 And what they were doing is they left the plug 18 out of it, and they left this bucket sitting there, and 19 when the bucket got filled, they were throwing it out 20 onto the property. And at that time there was an officer 21 with us, and I believe he cited them for that . And they 22 got with management to get them moved to another 23 apartment or get it fixed right away. 24 We also found a couple of apartments on the 25 second floor, I think it was Building 2 , you went into DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 22 1 the bathroom, and you could watch the person in the 2 bathroom in the other apartment next to them. There was 3 no walls there . It was just the studs . Everything was 4 missing. 5 And several of the apartments had no ceilings 6 left at all in the second floor in the restrooms, and 7 there was one that looks like someone made an entry 8 through a roof and went from unit to unit to rob copper 9 out of some of the units as they came dropping down 10 through the ceilings . 11 We also found that the services, we had asked 12 them to secure those because the panels that they were 13 using to cover all the stuff was falling apart . And some 14 of those panels were open, like somebody was looking at 15 them to try to want to steal something or whatever. And 16 we closed those up, you know, when we were there to 17 secure them to keep people ' s hands out of them. Told 18 them they needed to get something, you know, bring an 19 electrician in and just secure these things . 20 And we had another unit that was in the back -- 21 was that Building 2 , the one with the parking lot in the 22 back of it? Yeah, the one facing the high school . Oh, 23 yeah, one of the services was totally falling off the 24 building. 25 And we actually asked, we had placed an order DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 23 1 with AEP to shut the power off on that one until they 2 could straighten that out . And then we found out later 3 after we shut it off that there was still a couple of 4 tenants living in there . So after they got it fixed, we 5 okayed them to turn those two units back on until they 6 went through the process to get them out of there . 7 But that had, overhead laterals were hanging 8 way too low, and everything was at least, a couple of 9 pieces were almost a foot away from the walls . And it 10 was just pulling them away from the wall, and they were 11 all ripped out . There was nothing supporting it except 12 the wires themselves . So they had to fix that . 13 And we found many a service panel that had 14 open, openings in there where the breakers would go that 15 were not properly capped where children could stick their 16 fingers inside and actually touch the hot bus bars in the 17 panel . And there was children running all over the 18 place . And it seemed like the tenants didn' t really care 19 if the kids put their fingers in there, because matter of 20 fact, we stopped one that was getting ready to stick a 21 pencil in it when we went into the apartments . 22 And there was, I mean, there was like waste 23 coming up in the sinks in a couple of the kitchens . They 24 couldn' t use them. There was actually raw sewage sitting 25 inside some of the sinks because they were backing up . DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 24 1 And that was on a second floor apartment, and that was 2 backing up in there . 3 And so we advised them that they needed to get 4 plumbers in there and take care of the plumbing issues, 5 and we need to get electricians in there, and they need 6 to get some permits to get this stuff fixed. 7 And we went back with them again later after 8 they started evacuating people, and we found the decks 9 were falling away from the building. We had one deck 10 there must have been almost four inches from the 11 building, and you could see the bolts that have already 12 been pulled out of the wall . 13 And there was the one that had the fire . No 14 one did anything to actually prevent anybody from going 15 up on those decks, and there was no support on those 16 decks whatsoever from the second floor unit . Everything 17 was burned out from below it . So we advised them to 18 cover that or board that up so that no one could get up 19 on that deck. 20 And at that time there was still children 21 running around, but it wasn' t from tenants . It was just 22 from the neighborhood. There was like nothing to stop 23 them from getting in there . And we just, we actually 24 advised them that it would be a good idea to just shut 25 everything down, because the electrical was in bad shape, DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 25 1 and most of the units were really going to require some 2 major rewiring. 3 We walked through there and we found two-inch 4 copper lines missing from the drain lines and stuff . 5 They were removed. Most of the copper in all the 6 apartments were gone . 7 Most of the hot water tanks were not properly 8 installed. They all had electrical safety issues to 9 them, because they all had exposed wiring, all the ones 10 we saw, and they were just sitting in closets . They 11 weren' t properly secured or ventilated for any of the 12 heat . So we have actually advised them that they needed 13 to get these, these units rewired or redone . 14 And I think the second time we went around, the 15 owners were with us, and they were, "Oh, we ' re going to 16 go and remodel , we ' re going to do all this, " you know. 17 So we gave a complete list of what was going to be needed 18 to Code Enforcement, which they should have been in your 19 packet with them. 20 And that ' s pretty much it . I mean, my 21 recommendation is that it needs to come down. Questions? 22 SPEAKER: Thank you, sir. 23 MS . PEZZI : I would just like to add something 24 really quick. Becky Pezzi , Code Enforcement . On the 25 last e-mail I got from Ryan, who ' s the property manager, DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 26 1 he had attached the engineer' s report, and I put one all 2 on your desk. 3 He also said in his e-mail that they would need 4 about three months to get the plans together for what 5 they want to do and their construction crew or whatever. 6 But he said he wasn' t going to be able to make it today. 7 SPEAKER: At our last meeting, talking with the 8 project manager and talking with the apartment or the 9 property manager, I believe they agreed to have the fence 10 in place, totally and secured, and they also mentioned a 11 security officer. Have y' all seen -- 12 THE WITNESS : No . 13 SPEAKER: -- or witnessed any security? 14 MR. RODRIGUEZ : No, sir. We 've gone through 15 there several times a day. I have done it personally 16 just to keep an eye to see if, what they' re doing. I 17 have not seen one . 18 So, and also I wanted to add, on this report, 19 the engineer' s report says that fire damage, or possible 20 water damage to adjacent units from firefighters ' 21 efforts . That water damage is from the leak that we had 22 to stop because they had a water heater leaking in the 23 adjacent units . 24 So it wasn' t because of the firefighters . It 25 was because of their lack of effort . We found the water DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 27 1 was coming from above Apartment 17 . It was leaking all 2 over the place, so we had to tell the Water Department to 3 shut it down. Thank you. 4 SPEAKER: Has there been any improvement as far 5 as the number of offenses that you've been responding to, 6 or the Health Department has, is, are those issues still 7 continuing? 8 MR. RODRIGUEZ : As far as the drug-related 9 arrests and all the criminal stuff, as far as the 10 possession of controlled substance, that has gone down 11 because there, nobody' s living there . And actually the 12 only time that we ever find anything is whenever we go, 13 whenever the Police Department goes, because there ' s 14 nobody there to call, and there ' s, they have free reign. 15 And the last time that we came here, they had 16 arrested somebody for stealing copper, and that ' s because 17 the officer was doing proactive and he was doing a 18 frequent patrol of the area, and like a, on yesterday 19 with the, or the day before yesterday, the person that 20 was arrested was arrested because we did proactive, we 21 went by the place . 22 So the number of arrests have gone down, 23 because there ' s nobody there to call . But every time 24 that we go there, we do find stuff . 25 And actually today, before the meeting, we did DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 28 1 go by and we found evidence of drug use because we found 2 a marijuana pipe in the area. So I 'm thinking the kids 3 are coming from across the street, and they' re hanging 4 out in the area. 5 SPEAKER: And Mr. Chairman, we also have 6 Captain David Blackmon, who ' s the director of our Code 7 Enforcement Division. He would like to say a few words . 8 MR. BLACKMON: Good afternoon, Board. 9 Actually, David Blackmon, Captain, CCPD. You know, 10 really what I want to say is I think we have building 11 standards cases that we bring before this board that need 12 to come down because frankly they' re delapidated and 13 they' re blighted and they' re a mark on the City of Corpus 14 Christi . 15 And then we have these, these type of issues 16 where not only are they blighted, but they' re a safety 17 hazard for the residents, not only that live around this 18 thing, but a school that is less than 100 yards from 19 this, where the kids are obviously, by proof, are coming 20 into these . 21 So, you know, we as a City and Code Enforcement 22 have a duty to protect these kids, because we all know 23 that children are children, and they' re going to, they' re 24 going to be brave, and they' re going to experiment, and 25 they' re going to do what they think they can do . DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 29 1 So we 've already seen the arsons, the stability 2 of this, this building. So we have both. We have, in 3 this particular case, we have a safety issue, and we have 4 a health issue . The health issue is not only the past 5 with the sewer that we have that has been allowed to soak 6 into the soil and into our storm drains, but we have 7 wires that have been allowed to exist even after advising 8 these property owners that people are stealing the 9 copper, and allowing these wires to stay hot . 10 The property owners have, for lack of a better 11 word, they have grossly failed to meet their needs of 12 this apartment complex. 13 And this isn' t an isolated incident with this 14 company. Y' all may remember that last year we brought 15 another one of their buildings, which is on the Reid 16 Apartments, which were right next door to this one . And 17 we brought it before y' all, and y' all ordered demolition 18 because it was, frankly it was the same exact scenario. 19 They would go through and they' d say, "We need to get an 20 inspector, " and nothing was done until we finally had to 21 bring it before this board and have it ordered to be 22 demolished. 23 And coincidentally, during that one Building 24 Standards Board meeting, we had told them, "Hey, this 25 property here is next unless you do something with it , DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 30 1 because it is in bad shape also. " 2 And at that point, they said they were going to 3 start working on it . They were going to fence it . They 4 were going to board it up, and they were going to 5 rehabilitate it . 6 And from that point to this point today, 7 nothing has been done with this building. We, the City, 8 have been charged with maintaining this property and to 9 assure that the citizens of the city and the children are 10 safe . 11 The grass, we have to mow. Y' all have seen, we 12 have, what, 40 , 000 or 20 , 000 -- I 'm sorry -- $20 , 000 that 13 we 've, in fees that we 've encumbered because of their 14 lack of responsibility, these absentee landlords from 15 outside the state, who are, who are holding these 16 residents hostage because they frankly, they want to own 17 the property, but they don' t want to do anything with it . 18 And I just think that we have a duty to protect 19 the residents . And I believe, like I said, not only is 20 it a health concern, and structurally the building 21 because of the damage that has been done to this thing 22 through fire, and the electrical, the stealing of the 23 copper, that frankly the cost to bring this building back 24 up to code would be such that it ' s not worth that . 25 And I think, you know, and then we ' re being DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 31 1 held hostage unduly, and I think we have a duty to bring 2 this building down. Any questions for me? Thank you. 3 SPEAKER: Anything further from the staff? 4 Okay. Then questions -- 5 MS . PEZZI : No . 6 SPEAKER: -- from the board to the staff at 7 this time? 8 Okay. Then at this time I ' ll open the public 9 hearing regarding the property at 625 Gordon. Is there 10 anyone present who wants to speak in favor or against the 11 motion? Seeing no one, I ' ll close the public hearing. 12 At this time, I ' ll entertain any motions from 13 the board. 14 SPEAKER: Mr. Chairman, for the record, I do 15 need to go ahead and state the case . We didn' t do that 16 ahead of time, so if you will bear with me . 17 The Case Number is 15-568 . Owner of the 18 property is Corpus Note Acquisitions, LLC. The location 19 is 625 Gordon, multifamily apartment complex. 20 Staff ' s recommendation is demolition, because 21 it is 62 percent overall deteriorated. The board voted 22 at the last meeting to table this case at their last 23 public hearing held on August 20th, 2015 . 24 The representatives of the owner, owner agreed 25 to secure the property with a completed fence, and the DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 32 1 property was inspected several times since then and was 2 found to be noncompliant, under the provisions of Section 3 13-22H1C of the Housing Code, and due to the substandard 4 and delapidated conditions of the structures, and the 5 hazard to the health, safety and welfare of the public is 6 henceforth declared; therefore, the owner be required to 7 demolish the structure within 30 days . If demolition is 8 not started and completed as required, then the City be 9 authorized to demolish. 10 SPEAKER: Okay. Motion from the board? 11 MR. TORNO: Okay. This is Shane Torno. For 12 the property at 625 Gordon, the multifamily apartments, I 13 move to accept the staff recommendations that the owner 14 be required to demolish the structure within 30 days . If 15 demolition is not started and completed as required, then 16 the City be authorized to demolish. 17 MR. HASSMAN: Lee Hassman, second. Lee 18 Hassman. 19 SPEAKER: Okay. Any discussion? 20 SPEAKER: I think it should be noted and 21 relayed to the property manager or owners or whoever was 22 supposed to show up and didn' t show up, that the City did 23 try to give them many, many options and lots of time . 24 They came before the board. I think it was our 25 expectation that they would at least fulfill two DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 33 1 commitments, which was the security guard and the fence, 2 and that they've been a repeat offender. 3 And to the City' s Staff case, y' all built a 4 very strong case in order for us to recommend demolishing 5 it . We really don' t like to demolish properties that 6 have a high value and bring in good property taxes for 7 the City, but they just really were very noncompliant . 8 And you shouldn' t have to be guarding a 9 property and not protecting the rest of the citizens on 10 your regular daily duties . All right, that ' s it . 11 MR. HASSMAN: I tend to agree with that 12 wholeheartedly. The thing that concerns me the most is 13 the effect that it ' s had on the community as well as the 14 property owners and the citizens . And we have to 15 remember that the community still stands first in this 16 City. 17 SPEAKER: Okay. If there ' s nothing further, 18 we ' ll take a roll call vote from left to right, please . 19 SPEAKER: Aye . 20 SPEAKER: Aye . 21 SPEAKER: Aye . 22 SPEAKER: Aye . 23 SPEAKER: Aye . 24 SPEAKER: Aye . 25 (End of recording. ) DepoTexas, Inc. 625 Gordon/BSB-September 24, 2015 34 1 STATE OF TEXAS 2 COUNTY OF NUECES ) 3 4 I , MOLLY CARTER, Certified Shorthand Reporter 5 for the State of Texas, do hereby certify that the 6 foregoing 33 pages, numbered 1 through 33 , constitute a 7 full, true and correct transcription, to the best of my 8 ability, of the proceedings had in the above-captioned 9 cause; thereafter, reduced to typewritten form by me and 10 under my supervision. 11 Certified to by me this 25th day of January 12 2016 . 13 14 15 16 MOLLY CARTER, CSR, RPR, CRR 17 CSR NO. 2613 , Expires 12-31-17 18 DepoTexas - Firm No. 644 615 N. Upper Broadway, Suite 1450 19 Corpus Christi, Texas 78401 Telephone : (361) 883-3400 20 21 22 23 24 25 DepoTexas, Inc. 625 Gordon — Sub-standard Building Case Chronology: (Activity Prior to September 24, 2015 Building Standards Board Hearing) • Law suit pending on property due to back taxes totaling - $45,164.09 • Abatement charges for mowing, clearing and securing openings- $20,897 • Since the property has been vacant there have been fires and numerous arrests. • Ray High School is across the street. The property has become an attractive nuisance. Neighbors state they have seen students leave the school campus and go into the property. • The Apartments were built in 1963 • 05/19/14 - First complaint investigate: Minimum standards — "BED BUGS, BROKEN WINDOWS, STAIRS, WATER FLOOD IN APT 5, POOL, FLOORS SAGGING, CEILINGS COLAPSING, MISSING WALLS *APTS VACANT..FAIRWAY ADVS THEY WILL BE REMODELING AND FIXING ISSUES APT BY APT. SPOKE TO CAT IN APT 32 AND OTHER TENANTS WHO HAD ISSUES WITH THEIR APTS AND LET ME INSIDE TO SEE. TOOK PICS..TENANTS SAY THERE ARE BED BUGS.. WALL PARTS MISSING..BROKEN WINDOWS..LAUNDRY ROOM DOESNT WORK AND HOLES IN WALLS.. TENANTS SAY FLOORS ARE COLAPSING. POOL BAD CONDITION AND STANDING WATER IN APT 5 BEEN AT LOC FOR OVER A WEEK." • 06/20/14 - Reinspection was on property was found non-compliant A citation was issued to owner Gadi Shushan. • 07/18/14 - Norman with Development services, fire marshal and health inspector Jennifer Richter went to the property to inspect and it was decided that the property would be recommended to become an INAT (interdepartmental nuisance abatement team) case. • 08/05/14 - Advised there were new owners of the property - Corpus Note Acquisitions LLC • 08/20/14 - Started a case for new owners for tall weeds, accumulation of litter & solid waste on the property, and dangerous well (large hole behind building near parking lot in back). A case for raw sewage was addressed by the Health Department) • 09/15/14 - Emergency Board up of vacant apartments. Page 1 of 2 o Seven abatements to re-secure and/or board up openings between 09/15/14 - 04/1/15 • 02/24/15 -Vacant building case was started for tall weeds, accumulation of litter& solid waste, sidewalk curb & gutter; and, right-of-way violations. o The property has mowed/cleaned 3-4 times by the city • 08/20/15 - Building Standards Board Heard - This property was tabled until the September 24th meeting to give the owner/manager time to secure the property, have the property patrolled by private security and provide an engineer's report. o The property was not secured successfully to prevent entry. A minimal effort was made to erect a security fence around the property; however the fence was not secured and, was held together by pieces of wrapped wire. A city lock was placed on the gate. However, there was a hole in the wooden fence where it is possible to gain access. o No security company was ever seen at the property. Management's maintenance man was supposed to be going by weekly to check boards. • 09/22/15 During a check for openings Police Officers found a subject inside one of the apartment units. The subject claimed to have been living in the apt for 3 weeks. The subject was arrested at that time. • 09/24/15 property was again abated for violations of tall weeds and unsecured openings. EMAIL/ Communication • 09/09/15 - Emailed Ryan (with the management company) saying that I found openings and that they need to be re-secured. Reply no received until five days later on 09/14/15. • 09/11/15 - Checked on the boards that were open on 09/09/15 and they were still unsecured. There was a contractor on property, so showed him the openings that needed to be secured. • 09/14/15 Ryan with management replied to my request on 09/09/15 to secure openings. I sent Ryan this information...had no contact with Ryan until 09/22/15 when he stated the security fence had been installed. I replied the same day asking if there is a potential plan or if they have the evaluation from the Engineer and asked about the openings again still offering to walk property. • 09/23/15 received a copy of the Engineer's assessment via email from Ryan. Page 2 of 2 625 Gordon — Sub-standard Building Case Chronology: (Activity After September 24th Building Standards Board Hearing) • 11/13/15 — the property was found in violation and was mowed and cleaned, the total price was $158.50. • 11/16/15 —the property was found in violation and was boarded up, the total price was $122.50 • 11/20/15 — the property was found with unsecured openings and boarded up, the total price was $100.00. • 12/30/15 — the property was found in violation and was mowed and cleaned, the total price was $220.00. • 01/11/16 Compliance Officer R. Pezzi received an email from a field Captain Robert Alvarado requesting the status of this property due to the high number of calls the Police Department has to make there • 01/12/16 a new case was started for an Emergency board up due to other case expiring, attempted to contact Mac Lamar management but they advised Code Enforcement that they no longer are the management company for 625 Gordon. • 01/13/16 was the reinspection and the property was still in violation, a contractor was assigned the board up, and the total was $640.00 for 14 openings. • 01/15/16 identified 14 additional unsecured openings. Contractor assigned to board up openings, the total was $640.00. • 01/26/16 the correction notice was sent to owner for the emergency board up. • $1871.00 in abatement charges for mowing, clearing and securing openings since the BSB hearing held on September 24, 2015. 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',,,,,..10,,,,,:.,,,. ..„,...,. * .,, : . .., ,3,...,...., .„....., ,....' . .1.fr,.-. ,.',,, „,i,l,i,,•,',- - , ..„:1,'. ii°11" .• ; 1 ' . , .,-,...;.J,', ' ,',:''''-''''T:;::''-':_':i'r.'-'''.'4•V':'";''''s''''''''. --..4' d'I'iiii,. :Or ',.,f!'''''';,;.•:,:„,'-1);;-:,'":-.74.'"' - , ....., '' ,'1:. -.S.t* , ,i,,,,,,i...,,,,•,::„..;:',..,:,.:. ,,,,,-,.- , ., .... ., .s... . ., .. . . .... ,-i--.',-:'--.. ,...,,'`,' ''' ''...r,-„,,,-.,..:1*-1F.., !,''''° ' '`..• ' ' ," )4,5J,'•:,,,,4,4,..„-",„;::;-..: ,,, 4. - ,...„- -.:.' +,1;•;:::,:.:;,,4„0,,,;000:;-::.,-- ,.i.l. ,. ,.. . ,,,„•,.t.„, ::!-"-;,4114, 'iik ....4 ... _ e-0 - ...,.- .,, ...„, _.. - - „.„:„...,.. , -. .. . - . . .., , ,..- -.:,‘:'," ., . . g- 5•. - ,,..g...,:t'•5 t.• II ANDERSON GASLIGHT SQUARE A L B M 1001 THIRD, TREES,SURE LEHRMAN CORPUS CHRISTI,TEXAS 7$404 BARRE TELEPHONE(361)884-4981 TELECOPIER(361)884-9618 L AW FIRM M A R A I S T, L.L.P. www.ALBMLAW..CCM 'NEW MEXICO OFFICE ANDREW J. LEHRMAN' SANTA FE.NEW MEXICO 87507 TEXAS BOARD OF LEGAL SPE BOARD CERTIFIED CML TRIAL LAW RECEIVED TELEPHONE 1505)424-4981 OA.IZATION •AOMrtTED IN TEXAS&NEW MEXICO DOUGLAS D. MCLALLEN CERTIFIED Mm+ATDR OCT J. LEHRMAN" www.Lehrman-Mediation.com O C T 2 3 Z015 ”ADMITTED IN TEXAS NEW YORK&NEW JERSEY ROBERT ANDERSON DENNY BARRE OF COUNSEL: KEVIN M. MARAwST DOUGLAS E BIRCHER Boum CERTIFIED BUSINESS BANKRUPTCY NIT T S ET H1 S MARVIN J.WANNER TEXAS BOARD OF LEGAL SPEOALIZATION BOARD CERTIFIED ESTATE BANNING&PROBATE TEXAS BOARD OF LEGAL SPECIALIZATION TIMOTHY P.DOWUNG BOARD CERTFIED BUSINESS BANKRUPTCY LAW TExAS BOARD OF LEGAL SPECIALIZATION DIRECT Fax(361)884-1286 EMAIL:(dordinaEI lkm(ari.Cam October 23,2015 By hand delivery Rebecca 1-luerta City Secretary 1201 Leopard Street Corpus Christi,Texas 78401 Re: Appeal of Building Standards Board's order dated September 24, 2015 in Case No. 15-568 Dear Ms. 1-luerta: Enclosed is a Notice of Appeal regarding a final Order of the Building Standards Board in the above case. The owner of the property in question, Corpus Christi Note Acquisitions, LLC, by this Notice of Appeal hereby appeals the final order of the Building Standards Board in the above case. I would appreciate it if you would please within the next few days give me a call to discuss scheduling the hearing regarding this appeal, and the appeal procedure before the City Council. Thank you. Si ely yours, Timothy P. Dowling r By hand delivery to Yvette Aguilar Assistant City Attorney(5th floor) 1201 Leopard Street Corpus Christi, Texas (copy of Notice of Appeal enclosed) Diane Garza Building Standards Board Liaison Code Enforcement Division(2"d floor) 1201 Leopard Street Corpus Christi,Texas (copy of Notice of Appeal enclosed) TPD/ap Enclosure Corpus note 1/letters/October 2015 letter to City's secretary re Gordon appeal 2 In re appeal of Building Standards § BUILDING STANDARDS BOARD Board's ruling regarding apartments § at 625 Gordon,Corpus Christi, § CASE NO.I5-568 Texas § Notice of Appeal of Final Order of Building Standards Board Corpus Note Acquisitions, LLC("Owner"), the owner of the 42 unit Gordon Apartments ("Apartments")property located at 625 Gordon St., Corpus Christi (the"Property")addressed by the Final Order of the City of Corpus Christi's Building Standards Board ("Board") in this case (Case No. 15-568),which final order is attached hereto as Exhibit 1 ("Order")and is incorporated here in my reference,hereby files this Notice of Appeal of the,Order. The Property is located two blocks northwest of the corner of Alameda and Texan Trail. The City Council of Corpus Christi ("Council") should reverse the Board's Order for the reasons explained below. I. Affirming the Order is contrary to the public interest and would be manifestly unjust. 1.This City very badly needs of many more units of affordable housing. Two recent articles from the Corpus Christi Caller-Times regarding this"crisis"are attached hereto as Exhibits 2 and 3. The Owner will seek in November 2015 a substantial grant from the Texas Department of Housing and Community Affairs to assist in the rehabilitation of the Apartments to enable them to once again serve as low income housing(but this time, in marked contrast to their condition when they were owned by another party prior to August 5,2014, in a much improved condition).The Owner expects to have a decision about whether this grant request will 1 be approved in approximately two to three months. As Exhibit 3 indicates,the Texas Department of Housing and Community Affairs recently approved two apartment projects in Corpus Christi. Until it is known whether this grant application is approved or not, it clearly would be premature for the Council to require the demolition of the Apartments. 2.The highest and best use of the Property is as low income housing. Rehabilitation of the Apartments for that purpose would not only serve the interests of the City by increasing the number of badly needed low income housing units, but this would also be in effect new units of low income housing in a very well-established area of the City(in short, new housing in an old area of the City). 3. Having the Property once again serve this purpose would also be very beneficial to the City because this will consist of"in-fill"redevelopment that would not require the extension of new infrastructure to previously undeveloped areas of the City. Allowing the Property to be rehabilitated for the purpose of low income housing would be a"double win"for Corpus Christi: there would be an increase in the number of low income housing units,and this would occur in an area where the City would not have to spend"new money"for infrastructure. 4. The Council should also not approve the Board's Order requiring demolition of the Apartments,because the Board either did not consider at all,or did not adequately consider,the engineering report regarding the condition of the Apartments that is attached hereto as Exhibit 4 ("Engineer's Report"; the resume of the engineer(Jennifer Scheffler, P.E.)who prepared the Engineer's Report is attached hereto as Exhibit 5). The Engineer's Report indicates that there are conditions at the Apartments that need correction, but that the"building structural framing and foundation systems appear to be in good general condition... with the exception of a few isolated 2 areas"(emphasis added) noted in this report. Structures in "good general condition"should not be demolished. Furthermore,the interior of the apartments units are typically in substantially better condition than one might expect given the cosmetic or other detractions to their exterior appearance. 5. Requiring the demolition of the Apartments,rather than letting the existing structures be rehabilitated, would require a much larger expenditure to rebuild from the foundation up, compared to rehabbing the Apartments with the existing structures.The demolition the Order requires would make it much more unlikely that there will be any rehabilitation of the Property at all (or much, much later)since the cost to do so would be radically increased. 6. The person who is the sole owner of the Owner, Mr. Gen Shibayama,has been involved in many apartment projects locally for several years. Many Corpus Christi apartment units have been substantially improved because of his work. Mr. Shibayama's resume showing his involvement with many multi-family housing units in Texas, with a great many of them in Corpus Christi,is attached hereto as Exhibit 6. Mr. Shibayama's resume shows his involvement with fifteen different real estate transactions in Corpus Christi in the last 22 months, thirteen of them involving apartments(totaling 318 units)(not counting the Property). He also has extensive real estate experience in other parts of Texas. Mr. Shibayama has the ability, the desire,and the experience to rehabilitate the Apartments.The Apartments should not be demolished,especially in light of the fact that there soon will be a grant application pending to assist in their rehabilitation as very desirable low income housing in the center of the City. 7. At substantial expense the Owner placed a six foot high chain link fence around the Property to secure it. This has surely reduced the need for police involvement with the Property. 3 There is no need to rush to demolish the Apartments when the upside of the Property is so substantial if it is rehabilitated for low income housing. 8.Section 13 - 24(b)of the City's Municipal Code dealing with appeals from rulings by the Board states in relevant part that . The city council, on appeal, may vary the application of any prop ision of this Code to any particular case when the enforcement thereof[I] would do manifest injustice and would be contrary to the spirit and purpose of this Code,the Corpus Christi Property Maintenance Code or[2] public interest or when, in its opinion.the decision of the board should be modified or reversed"(emphasis added). Clearly the "public interest"would be best served by not requiring demolition of the Apartments. Requiring their demolition now would be"manifestly unjust." 11. Ordering the demolition of the Apartments would impose an undue hardship on the Owner. 9. Sections 13-23 and 13-24 of the City's Municipal Code both provide that the Council can reverse a decision of the Board if the Board's ruling would cause"undue hardship"for the property owner. Demolition of the Apartments would cause such hardship to the Owner for the reasons explained below. 10.The Property was formerly owned by Gordon Street Apartments, LLC,an entity unrelated to the Owner or Mr. Shibayama. PlainsCapital Bank held a first lien on the Property. The Owner purchased the indebtedness on the Property from the Bank, along with the indebtedness related to three other local properties, for a large seven-figure sum in late March 2014. Gordon St. Apartments, LLC then filed Chapter 11 bankruptcy on March 31,2014 to prevent'foreclosure of the Property the next day.The Owner then had to engage in expensive litigation on a very accelerated schedule in the Bankruptcy Court.The net result of this litigation 4 was that the Owner was allowed to foreclose on the Property. That occurred on August 5,2014. Corpus Note Acquisitions, LLC on that date became the owner of the Property. Prior to August 5,2014 the Apartments had been generating substantial revenue for Gordon Street Apartments, LLC although they were in poor condition. 11. Promptly after obtaining control of the Property after foreclosure, the Owner removed all of the then current tenants(and squatters) from the Property at substance expense with the intention of rehabilitating the Property.The Owner has not received a single cent of income from the Property since he became its owner on August 5,2014. 12. After obtaining control of the Property after August 5, 2014, the Owner learned that the Property was in substantially worse condition than it believed. This means that the Owner has been faced with the prospect of having to spend much more money to rehabilitate the Property than expected.The cost to rehabilitate the property is expected to be well in excess of$1 million if the Apartments are not demolished. The Owner has been attempting diligently over many months to obtain necessary financing to rehabilitate of the Property or to locate a buyer at a fair price for the Property. These efforts will include in November the Owner's attempt to obtain a low income housing grant to assist in the rehabilitation of the Property. It is expected that a decision regarding this grant will be made in early 2016. 13.The nineteen unit Reid Apartments also come under the Owner's ownership and management by the same process described in paragraphs 10 and I I above. The Reid apartments were in much worse condition than the Apartments. Che Owner had them demolished at a cost in excess of$85,000.Just as with the Apartments,the Owner has received absolutely no income from the Reid apartments. 5 14.The owner's acquisition of the debt related to the Property,the expensive litigation that followed in the Bankruptcy Court to obtain control of the Property,and the subsequent lack of any income from the Property, has meant that the Property has been an unexpectedly large financial drain on the Owner's resources.To now require the Apartments to be demolished, thereby dramatically reducing their value,particularly in light of the Owner's substantial expense of securing the Property by fencing,would impose an unjust and undue hardship on the Owner This would be particularly unjust and inappropriate given Mr. Shibayama's success in redeveloping other apartment properties in Corpus Christi that were badly in need of it. Accordingly,even if allowing the Owner to rehabilitate the Apartments was not in the"public interest"as it is(see pages 1-5 above),the Order should be reversed because of the"undue hardship"that would he imposed the Owner by failing to do so. III. Action that the Owner requests that the Council take 15.The Owner requests that it be granted sufficient time to present this appeal to the Council, which it estimates to be 30-45 minutes,not counting time for questions by members of the Council and replies to the same(and also not including comments by staff of the City of Corpus Christi and replies to the same). Failure to give the Owner sufficient time to present this appeal to the Council will deprive the owner of the due process of law it is entitled to under the Texas and United States Constitutions. Owner therefore objects to any procedure before the Council that does not proceed it sufficient time to present its case regarding why the Order should be reversed. 16. For the reasons explained above Corpus Note Acquisitions, I.LC,requests that the Council reverse the Order, or alternatively do so subject to just and appropriate conditions that 6 would enable the Owner to have adequate time to rehabilitate the Apartments on appropriate economic terms.The Owner also requests that the Council grant it such further additional relief as is just and appropriate. Respectfully submitted, Cf11-1C- Timothy P.Dowling State Bar No.06083900 Anderson,Lehrman, Barre& Maraist, LI.P Legal counsel for the Owner 1001 Third St.,Suite 1 Corpus Christi,Texas 78404 Telephone:(361) 884-4981 FAX: (361) 884-1286 Email: tdowling(a?albmlaw.com VERIFICATION STATE OF TEXAS § COUNTY OF TRAVIS § The undersigned,Gen Shibayama, being the sole member of Corpus Note Acquisitions, LLC,hereby swears or affirms that the statements contained in paragraphs 1-16 above are within his personal knowledge and are true and correct.This document was sworn to before me on 7 October 23,2015,by Gen Shibayama,the sole member of Corpus Note Acquisitions, LLC,a Texas limited liability company,on behalf of said limited liability company. GEN SHIBAYAMA SUI3SCRIBED AND SWORN TO BEFORE ME by GEN SCHIBAYAMA on October 23, 2015. Cit...vi' ,�. DIANA BOLLING 0, MY COMM[SSIONEXPIRESz+'�/rtA- tSk7' Febwsy 19,2418 NOTARY PUBLIC, STATE OF 'ERAS CERTIFICATE OF SERVICE the undersigned attorney hereby certifies that on October 23, 2015 a true and correct copy of this Notice of Appeal was filed with the City Secretary of Corpus Christi and was also served by hand delivery on the persons named below: By hand delivery Diana T.Garza Building Standards Board Liaison Code Enforcement Division(2"d floor) 1201 Leopard Street Corpus Christi, Texas 78401 Yvette Aguilar Assistant City Attorney City of Corpus Christi (5th floor) 1201 Leopard Street Corpus Christi,Texas 78401 \\P--,....,------ — Timothy P. Dowling 8 Exhibits to this Notice of Appeal Exhibit 1: Final Order of the Board Exhibit 2: Corpus Christi Caller-Times 8/2/2015 article about the great need for affordable housing in Corpus Christi Exhibit 3: Corpus Christi Caller-Times 8/5/2015 article about tax credits for affordable housing (refers to the City's"struggles with a housing crisis") Exhibit 4:Professional engineer's report regarding the condition of the Apartments Exhibit 5: Resume of Jennifer Scheffler, P.E. Exhibit 6:Resume of Gen Shibayama Corpus NuteI/City-Gordon letters/notice of appeal 9 P.O.Box 9277 Corpus Christi,Texas 78469-9277• (361)826-3046 • http://www.cctexas.com/ a1 � F , ,r • " FINAL ORDER OF THE frtk 7w- Awn. ni ``_.-., ' BUILDING STANDARDS BOARD 4 3'Jj Case No. 15-568 Property Owner(s) RE:625 Gordon OWNER: Corpus Note Acquisitons LLC LOT:W 24.4'Lt 9 all Lts 10 thru 12 W 64.48 Lt 13 c%Tim Dowling BLOCK:40 ADDRESS: 1001 Third Street ADD'N:Tindale Park 4 CITY STATE ZIP: Corpus Christi, Texas 78404 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 September 24,2015,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 April 9,2015 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 June 1,2015 a notice of violation(s)and request to correct the violation(s)was sent to the owner and all known interested parties. Additionally,on August 10,2015 and August 11,2015 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 violations)were not cured; 4. Code Official,Diana T.Garza,filed a complaint with the Chairman regarding the above listed property on September 9, 2015,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 September 10,2015,which was at least ten day prior to the public hearing. Additionally,on September 10,2015 and September 11,2015 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. 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). EXHIBIT 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: 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 30th day from the date of this order. Clarissa Beltran FOR Tim Honea FOR Lee R.Hassman FOR Craig S.Loving FOR Matthew Ezell FOR Shane Torno FOR Ordered this 24th day of September,2015. 1{/! Lbi.f/rs Signed under authority of the Board: Signed under the authority f the Board: Chairperson Vice-Chairperson Filed. City Secretary DATE TIME 16+22/2015 Voucher applications skew high,but give window into affordable housing need to Public Records First Name Last Name Location jccrieckrflate Search J ;:.",` Nationwide €2110 BUILDING OUR FUTURE rkT Tr) C'in(IT A TILT NOME c NEWS s BUILDING OUR FUTURE n OUR GROWTH CORPUS CHRISTI SECTIONS Search... P eattetArinteti 0 730 1 SUBSCRIPTION V VEIL/ICI CIIJIJLIL.tALIVI IS )RCYY 1119111, UUL yI yr Thursday window into affordable housing need V ..0006:41•447 s , f: CoRptj8 .f i 1 . news ales.Evaaatio 1 tip' I ; 10i22t2015 Voucher applications skew high,but give window intoaffordatie housing need Several experts and officials have expressed doubts there are Medical examiner releases 47,817 households that applied for Section 8 housing vouchers. Annaville fire victims'causes of TOP But if even 10 percent of the applications aren't duplications, it death would represent a significant increase -- and, if accurate, perhaps the first quantifiable snapshot of Corpus Christi's Get ready Coastal Bend,rain is soaring rents and housing crunch. here to stay When voucher lists are opened, it's common for urban areas to Corpus Christi native Mikal see a flood of applications in the tens of thousands,said John Watts faces indictment in BP Henneberger,co-director of the Texas Low Income Housing cases Information Service. Having 47,000 applications in an area with about 58,000 renter households would be unusual, he added, Surely we all want the same — good streets calling 47,000"gargantuan."Even 8,000 to 10,000 for an area like Corpus Christi would be very high, Henneberger said. Still, Investigators seek cause of it's indicative of a problem. Annaville fire,which killed two "If there were 47,000 applications, there are a lot of people Committee seeks improvement desperate for housing in Corpus Christi,"he said. "Nobody fills ideas for 78415 area out an application for fun. People do it because they need(it)." ORakuAYten DISSPl Housing authority CEO and president Gary Allsup reported to This ad may have been matched to your interest: the City Council about two weeks ago that residents submitted on your browsing activity. more than 46,000 applications for Section 8 housing vouchers— Rakuten tvlediaForge selected this ad for you. a sum that was followed by an audible gasp in City Halt Rakuten MediaPorge's privacy policy LvG chambers. About 1,200 applied when the waiting list was last opened in 2010, Allsup said.This year,the agency expected 2,000 applications. It is a sure thing that the 47,000 figure includes duplicated and incomplete applications, but staff has just begun the process of weeding those out, Allsup said. The number was shocking, he told the council. "1 think there's been a lot of discussion about the affordable housing crisis that Corpus Christi is experiencing,"Allsup said. "I think this is great,point-on evidence that there is a crisis amongst us." HOUSING CHOICE The Section 8 choice housing vouchers are highly prized.They httplJwww.caller.comhnews/building-o r-ktturetgrowlWvoucher-application-skew-high-but give-wirxlow-into•affordable-musing-need-1b7f5ge1-a41&282b-e0... 2/7 10121/2015 Voucher applications skew high,but give window into affordable housing need give recipients who make less than 50 percent of the area median income the opportunity to secure subsidized private- market rental housing.The program requires households to provide 30 percent of their income for rent, with the U.S. Department of Housing and Urban Development covering the remainder.Only 1,000 will make the local list but even then, many will wait years before receiving a voucher. The housing authority previously accepted applications through call-ins and hard copy on a first-come, first-serve basis. When the waiting list opened five years ago, the line wrapped around the building. Allsup said in the past, the housing authority could see as many as 100 applications within the first 20 minutes of opening the list for applications. "Essentially the difference between 9 and 9:15(a.m.)could have been a difference in the waiting list of two years,"he said. This year,the applications were only accepted online and instead of accepting the applications on a first-come, first-serve basis, the housing authority kept the list open for a month.The applications will be selected through an online lottery in an effort to keep the selection as fair as possible, officials said. It's thought that the new process could be a factor in a higher number of applications. Providing applications online and keeping the list open for several weeks increased accessibility and availability. Most people who applied will likely be families who already have some kind of housing, Allsup said. "They're struggling, or they lost jobs, or they have been cut from hill-time to part-time(work),"he said. "There are a thousand different possibilities of how someone might wind up in need of assistance with housing." Some of those who applied are likely living with friends or family,said Eddie Ortega, director of the city's Housing and Community Development division. "A lot of families live together. ... I'm sure there's a lot of folks http•IMrww.calier.com/newslbuilcing•aur-fulure/growth lvoucher-applications-skew-high-but-give-window-into-affordable-housingneed-1b71a9e1-a41&282b-e0... 3(7 18222015 Voucher applications skew high,but give window into affordable housing need out there looking for their own place," he said. Others are disabled or elderly, and some are single mothers who may not receive child support or have difficulty securing child care, Henneberger said. After the list is filled with 1,000 randomly selected applications, it will be some time before it is known whether those who made it are eligible. Eligibility is determined at the time applicants are to receive the voucher because circumstances can change after a resident has applied,officials said. For example, if a resident applies while within the income threshold but later attains a high-paying job, they would be excluded. HUD considers a single-person household making no more than$19,500 as eligible, for example. The housing authority can supply an average of about 25 to 30 vouchers per month, Allsup said AFFORDABILITY What's considered affordable by experts is fluid, but it is typically defined as housing costs that do not exceed more than 30 percent of an individual's monthly income.Affordable rent for someone who makes$2,400 per month would be no more than$720 per month. Someone who makes$1,900 per month would spend no more than$570. Hard numbers on affordability, income and average rental prices show a distinct gap. In the report by the National Low income Housing Coalition, affordable housing for a 40-hour-per-week minimum wage worker in Corpus Christi would be$377 per month. For a modest one-bedroom apartment,a minimum wage worker would have to work 74 hours per week,states the report. The price of an average one-bedroom apartment without a den costs$774 per month in rent,according to a recent ALN report by Apartment Data Inc. "We often find it's typical that a household with two minimum- httplMrww.caller.coun/newslbuilding-our-futiue/growWvoucher-applications-skew-high-hurt-give•window-into-aftordable-housing-need-1b7t59e1-a41 8-282b-e0. 417 167112015 Voucher applications skew high,but give window into affordable housing need wage workers can't afford the rent on a modest-amenity apartment," Henneberger said. "A housing voucher is extremely important to working-class families to make ends meet." Paying more than 30 percent of income on housing means foregoing other essentials,such as utilities and transportation, he added. In an email to the Caller-Times,chief economist at Texas A&M University-Corpus Christi Jim Lee wrote that the state has seen a squeeze on the housing market, but the Eagle Ford Shale's effect has made the situation particularly acute in this area. Statistics indicate there has been a 30 percent decline in home affordability in less than three years,he added. "For the past two years, my biggest concern has been not so much how fast our economy is growing in terms of job and income growth, but instead how we can catch up with the rising cost of living relative to the rest of the nation," he wrote. "The housing expense,of course, is a major part of this picture. Rapid regional economic growth in recent years has benefitted little the very low-income residents who tend to be unskilled and rely on minimum wage jobs." Although the housing authority has not yet had time for a full vetting process, the 47,000 reported applications"makes it even more pronounced for me(that)this is an issue for our community,"said City Councilwoman Lillian Riojas. It's an opportunity,too, for various organizations--including realtors,a city board that oversees sales taxes and the housing authority— to partner and discuss more about what can be done to address affordable housing,she added. It's a significant problem that communities are not always aware, Henneberger said. "What you see in these numbers is the housing crisis that most people who don't live it never see," he said. Twitter: @CallerCrow httpfiwww.caller.com/news/building-our-future/growWvacher-applicalians-skew-high-but-give-window-into-affordable housing-need-1b7f59e1-a418-2821}e0 5!7 10r22r2O15, Tax credits to go to 2 affordable housing developments CORPUS CHRISTI SECTIONS Search P CaUt 1Meg i 73° ,�•SUBSCRIPTION jib fi VVV// �`�/♦ • tion info. V MMED1 E�i. - •Emergency notifications•Weather alerts ., ' �L{3L� N{► ACTIVATE NOW • ® OUR GROWTHBUILDING OUR FUTURE HOME NEWS�BUR OUR FUTURE.OUR GROWTH Our Bridge Our Growth Our Bayfrnnt Our Downtown Tax credits to go to 2 affordable housing developments Our Sweets Throwback Thursday 4...40.4,'":"1.%,4' tw . — MICHAEL Michael Kors I.J.t, f Selma Large East West <. ,.:. .... - r1 $26'.99 EXHIBIT li 3 @BUILDINGCC Credit:Rachel Denny Clow Tweets by @BuildingCC Rachel Denny Clow/Caller Times file The proposed River View at Calallen Apartments would be built at this tI, location in the 12000 block of Leopard Street. ..:,01)(J ZU�IfLj By Kirsten Crow of the Cotter Times '1I 10 f SHARE • \sA,/L l *it.04' ) A state award of tax credits is expected to fboost affordable apartment options as the T -'r city struggles with a housing crisis. � f s IF 2+ Late last week,the Texas Department of ' 3 ! ® Credit Rachel fenny Clow Housing and Community Affairs awarded Rachel Denny Clow/Caller Times tax credits to two proposed developments file The proposed River View at NOW TRENDING !� Calallen Apartments would be in the city,said Eddie Ortega,director of built at this location in the 12000 AA block of Leopard Street the city's Housing and Community Development department. One would LIVE:Get the latest weather updates in Coastal Bend gPinnewomminP demolish and rebuild an existing apartment ~Ma : complex in Flour Bluff,and the other Investigators seek cause of Annaville �"' would construct a new apartment complex fire,which killed two TOP in the Calallen area. Credo Rachel Denny Clow Committee seeks improvement ideas Rachel Denny Clow:Caller Times The tax credit awards are good news,not for 78415 area file Open windows vent the laundry room at the Glenoak only in helping to address the housing Apartments in Flour Bluff There situation,but also in offering opportunities Get ready Coastal Bend,rain is here are plans to demolish and rebuildg pl the apartment complex to children of families who will live in to stay httpfiwww.cal ler.etmhtews/buildng-our-future/growthrtax-credits-to-go-to-2-affordable-housing-developments-1c3647B5-c2cd-3eab-e053-01000071917a-3206. 1/4 14+2212015 Tax credits to go to 2 affordable housing developments those locations,said Mayor Nelda Martinez. Are you FlatsWorthy? "These are two excellent school districts where(the)children will have a Odem,Taft rivalry heats up as both great opportunity to get a quality education,no matter the socioeconomic teams are undefeated background they come from,"she said. Corpus Christi native plays lead role One development receiving tax credits would tear down an existing complex in Chicago play at 711 Glenoak Drive and replace the 40-year-old structure with a$13.8 million development that would include new amenities,such as after-school10-1,1 programs and tutoring,city documents state.According to a council V presentation,the households that would be served make less than SO percent of the area's median income.Avenge median income in Corpus Christi is $47,481. Demolition of Glenoak could begin as early as May,said Raymond Lucas,an .Breaking news&updates•Evacuation info. independent assessment manager with Housing and Community Services,a •Emergency notifications'Weather alerts developer of the project. ACTIVATE NOW11.p11C1L lIRP$ City Councilwoman Colleen McIntyre,who represents the area,said Tuesday that work on the 40-year-old apartments is greatly needed.Coupled with additional updates such as masonry exteriors and computer labs,the demolition and rebuild will create a better environment for residents who live in the complex and also enhance the surrounding community,she said. The second tax credit award would help push forward the construction of a complex called River View at Calallen in the 12000 block of Leopard Street. City documents show plans for 120 new units that would serve households bringing in less than 60 percent of the area median income.A presentation shown to the council lists Madhouse Development Services as the developer of the property.Representatives could not immediately be reached for comment this week. New apartment complexes,particularly those intended to be affordable, frequently see controversy.Common arguments against the construction of apartment complexes include concerns ranging from increased traffic,noise and crime to drops in property value. Proponents generally dispute those fears,frequently citing a"NIMBY" sentiment:"Not In My Backyard."Advocates also emphasize that the new affordable housing complexes don't look as they did in the 1960s and 1970s, but are now designed as attractive top-market apartments. The City Council in February approved without dissent resolutions of support for five developments.The city was eligible for the award of tax credits for two developments this year. The resolutions matter because the state weighs community support heavily when considering tax credit awards. Last year,resolutions of support for three proposed developments in the Calallen area failed in a 4-4 vote by die council after concerns were raised hlipJiwww.caller.comknews/buildirx}au-rubra+gravthitax-crus-tago-tat-affordable-housing-developments-1 o30478Sc2cb3eab-e053-01000071917a•3206. 2/4 0222015 Tax crecits to go to 2 affordable housing developments about overcrowding in the school district. City Councilwoman Carolyn Vaughn,who has represented the Calallen area since January,said Tuesday she hoped residents would respond favorably to the proposed complex at the corner of Leopard Street and Caliicoatte Road. "Everyone has to have a place to live,"she said. ']hitter.@CallerCrow 1. About Kirsten Crow (4 Kirsten Crow is an enterprise reporter for the Caller-Times and covering city government f t/@CallelCrow in kirsten.crow@catler.com of 361.886.4316 LNV Solutions Today with a engineers { architects contractors Vision for Tomorrow September 23,2015 GPM Engineering 5440 Old Brownsville Road Corpus Christi,TX 78415 Attn: Mr.James Ward,P.E. Project Manager RE: GORDON STREET APARTMENT COMPLEX BUILDING CURSORY STRUCTURAL WALK-THROUGH ASSESSMENT Ladies/Gentlemen: As requested,LNV performed the cursory structural walk-through of the Gordon Street Apartment Complex, located at 625 Gordon Street,Corpus Christi,TX. This walk-through was requested to provide an opinion of the current condition of the building structure, based on available visual observation only. Geotechnical data and construction plans were not reviewed or provided for review for this limited assessment. Findings: The apartment complex was built in the early 1960's according to the Nueces County Appraisal District. Most of the units were boarded up at the time of our visit on September 4.2015;however,we were able to enter three units in three different structures, including a second floor unit,and observed the exterior of all structures in order to note similarities in condition and form a general opinion of the integrity of the main structural framing elements. A list of findings based on the units that were accessed,framing members that were visible and exterior observations is as follows: • Differential foundation movement evident by cracking in the exterior brick veneer. • Site drainage appears to be directed toward the building foundations at several structures. • Minimal cracking was present in the drywall on the interior walls and ceilings of the units that were observed. • "Soft"feel in isolated areas of floor while walking through second floor unit. • Broken window glass at windows not covered with plywood. • First floor unit in northernmost structure had previously sustained fire damage o Fire damage appeared to be somewhat contained and limited to the finishes on the interior of the unit rather than the framing system. o Exterior walkway framing above this unit was severely damaged,requiring replacement. o Possible water damage to adjacent units from firefighting efforts. • Apparent fire damage outside first floor unit of southeastern most structure. • Exterior stairs accessing the second floor units are in poor condition. • Handrails on the exterior second floor walkway are in poor condition. • Detached/deteriorated fascia board in isolated areas at exterior second floor walkway. o Exposed exterior walkway framing ends have water damage. EXHIBIT 801 NAVIGATION I SUITE 300 I CORPUS CHRISTI,TEXAS 78408 OFFICE 361.883 1984 FAX 361 883 1986 WWW COM GPM Engineering Gordon Street Apartment Complex Cursory Structural Walk-Through Assessment September 23,2015 Page 2 of 2 Professional Opinion: Overall,the building structural framing and foundation systems appear to be in good general condition, based on our visual cursory waikthrough,with the exception of a few isolated areas previously noted. Differential foundation movement is a common occurrence In this area due to the native highly expansive clay soils. Proper site drainage improvements and positive drainage away from foundations will minimize further or future differential movement in the foundation systems. General Comment*: My professional services have been rendered with care and diligence and In a manner customary for professionals involved with structural assessments. I hereby certify that 1 have no interest, present or contemplated, in this property or its improvements; that my visual observation was made with reasonable care; and that the information contained in this report is based on my best professional judgment. This letter report is not a guarantee and carries no warranty,expressed or implied. We appreciate the opportunity to assist you with this cursory walk-through. If you have any questions regarding the content of this letter report please call me at 361-883-1984 or email me at j s c h efts a r(cill n e i n c.com. Sincerely, L N V engineers I architects I contractorsAF OF t �N1 TBPE Firm No. F-366 ,��,,�,......•..' � 15 1"o4-a3- aRE fgEN IFER D. SCHEFFLER) jiennif D.Soh .E. ��r'"'tal.1 11687 ) 4Project Engineer +� f/CENISV.V t%B%IONAL�� I my Solutions Today will,e Vblon for Tomorrow engineers I architects !. contractors GPM Engineering Gordon Street Apartment Complex September 2015 Cursory Structural Walk Through 414, t Y• .J' Aad' s. y, 4 T it Y t •w �. . O Af yr •r' •y d 4t4 a "'+A a I `''�' .I' ,�,+",,` - Gordon Street apartment f P �� etb �t 4 \. a complex rr.r vew+w J 'p d r ,. ad. �✓ 4 cooe .{ ,{ M" 1yM (wan."0" ars(wan. Rr .4 • \i aad`y� e et 4 S. g j` 4 7, d a y Q 0 41 e .F� 'n r e .fju * r \ N s te 1 11 1 At �'''� / �; \.. 7/ Photograph No. 1 — Google Map of Project Location Parking - - ..3 structure ,;/, + 1 I ` 4- Fire damaged-- • ' -Apparent fire dama e unit entered `►' 9 on first floor observed at "' exterior of First floor _ -. .i= - - first floor unit unit entered �,t•. 44, Second floor ' 101111P unit entered `'. \ - • : .-- ✓,,, Apartment --- - Parking structures4mti0.4-...... --4t`....• W� structure Photograph No. 2 — Google Map Satellite View of Project Location LNV e ulnee*s rd.,tech con!,iccon TBPE Finn F-366 GPM Engineering Gordon Street Apartment Complex September 2015 Cursory Structural Walk-Through !► „• Original stair " treads no longer present. T: � Building Replaced with structure in wood good general members. h ,-*' condition id err Alt '1 -Dirt and debris indicate site - 1 drainage toward '111111104t.t. �. ,a .14 I 'wu building , ,. foundation Photograph No. 3 — Front Face of Building, Exterior Walkway and Stairs Building structure in good general condition Open and broken window glass ng 04 201h Covered openings Photograph No. 4 — Rear Face of Building LNV TBF'E Firm F-366 GPM Engineering Gordon Street Apartment Complex September 2015 Cursory Structural Walk-Through __._._ �.. �,�, fit_ �.� . .> rillillik ' ....'' it t t.: i :; „ — .ar :: Building end Areill z—, ...2141.1.10 - - wall .� b iaMOs f1..•i�.+lba Same'... Crack in brick _ �► 0 � veneer ". `.w.a' m - ` .srr...w..rr,K:. . if .....:r+Y 11.MI,h.4 •. indicating :�«« "" ` "' differential ="IrtY4.4 `; movement of , the foundation system .. 09, 04 '7.915 —1`. Photograph No. 5—Typical Cracking Seen in Brick Veneer Crack in '�`'",�,, ,� brick veneer indicating �" x differential t ,s Building end movement of --s ' t wall - the a foundation i 4 1F. trlr: r,* system �,»..�..,.r.. ;�a:�- -, i it ::...Oxy:'... ....::.. .. 09 11ri::)11,, Photograph No. 6— Cracking in Brick Veneer LNV engine..s architect mntr.c or, TBPE Firm F-366 GPM Engineering Gordon Street Apartment Complex September 2015 Cursory Structural Walk-Through O. • Ceiling/second floor framing ` 4q system with minimal discoloration - .• and no fire ;it 7 f damage ►+�',. Fire damaged drywall/gypsum ?: .,'I '.)i board Photograph No. 7— Fire Damaged Apartment Unit A\;". Damaged exterior Fire damaged `• g exterior walkway � ~ �e �� � � � * �. walkway handrail framing y system members ;, • 09.E 04;1015 Photograph No. 8— Fire Damage at Exterior Walkway LNV OngMMf S thn<'tY Wnttucto$I TUNE Ann F•366 GPM Engineering Gordon Street Apartment Complex September 2015 Cursory Structural Walk-Through t Deterioration - 011111"- present at edge Missing of walkway of at ..- ' edge of >,. 0000, _ walkway Photograph No. 9— Exterior Walkway liorr''' Interior ' ... 00 � ,; framing between units in good general 1 A. condition ,i S \ ",,.. Cllr At,_ Photoqraph No. 10 —Typical Interior Framing IAN enconerhe architects contractors TOPE Firm F-366 JENNIFER D. SCHEFFI ER, PE PROJECT ENGINEER EDUCATION: Bachelor of Science, Civil Engineering, 2006 Texas A&M University-Kingsville Ms. Scheffler has more than eight years of structural engineering experience on a wide variety of projects. She focuses on the design and analysis of municipal, commercial, residential and industrial structures, as well as projects for the U.S. Army Corps of Engineers.Her diverse client base includes municipalities,architects,various naval facilities, port authorities, energy companies and contractors (through the design-build delivery method). Ms. Scheffler is well-versed in the latest 3D finite element modeling software for detailed structural analysis and design, and she specializes in structures comprised of steel, reinforced concrete and timber materials.She is also a windstorm inspector certified by the Texas Department of Insurance. OLD NUECES COUNTY COURTHOUSE ASSESSMENT, CORPUS CHRISTI, TEXAS Ms.Scheffler served as structural project engineer,which comprised providing professional services to perform a structural assessment of the old Nueces County courthouse and provide a report with findings, opinions, and recommendations. LNV prepared and submitted the Phase I report to include results of the assessment and recommendations for further study and investigation as necessary to determine a restoration design of the building. As part of this assessment, LNV presented the findings in an open forum to Nueces County during a regular county court session. In addition, a presentation was made to the Texas Historical Commission in Austin, Texas. SIDBURY HOUSE STRUCTURAL ASSESSMENT, CORPUS CHRISTI, TEXAS Ms.Scheffler served as structural project engineer,which comprised the detailed structural assessment of the structures first and second floor systems of an existing Heritage Style Home located in Corpus Christi to become an office to hold one of the smaller departments for the City of Corpus Christi. The existing structure is completely wood framed with both floor levels consisting of wood joists spanning between wooden girders with wood flooring. A check of the mechanical and electrical systems was also performed. LA MIRAGE CONDOMINIUMS PHASE II AND PHASE III, CORPUS CHRISTI, TEXAS Ms. Scheffler served as structural project engineer, which comprised designing repairs for an exsiting concrete condominium structure back to original condition. The existing structure had numerous large areas of corrosion and deterioration such as spalled concrete, corroding steel rebar, large cracks in the concrete columns and beams, and cracks in the floor slabs. LNV prepared all necessary drawings and specifications showing all construction details for the necessary repairs and provided inspections during the construction phase. SEAGULL CONDOMINIUMS - BRICK VENEER REPAIRS, CORPUS CHRISTI, TEXAS Ms. Scheffler served as structural project engineer, which comprised engineering design services for the Seagull Condominiums in Corpus Christi, Texas. The scope included the assessment and repair of the brick veneer at the condos elevator tower. EXHIBIT Bio of Gen Shibayama/Oyster Real Estate Investments Inc. Tokal University,Kanagawa,Japan 1990,B.A.in Economics. Founder/Principal of Oyster Real Estate Investments,Inc.,San Francisco-based real estate investment consulting company,serving clients in Japan/Asia and California and New York states. • Currently focusing on clients'real estate investments in Austin,San Antonio,and Corpus Christi,Texas. • Have managed 250+property transactions/consultations mostly in Texas. • Experienced in finding and managing value added and creative financing properties. Prior to founding Oyster Real Estate Investments, Inc., Gen Shibayama held senior management positions in various multinational corporations: • McCann-Erickson Tokyo/San Francisco/Account Supervisor: April 1990 to January 1997 • Levi Strauss&Co/Asia-Pacific Consumer Marketing Manager: January 1997 to August 1999 • Yahoo! Inc./Senior Director of International Sales and Marketing: November 1999 to January 2004 Gen Shibayama or Oyster REI throughout various entities own and manage approximately 300 apartment units in Texas. $40 million+in transactions have been completed over the last 21 months. • Dec 2013 — Acquired 1801 and 1802 Staples Corpus Christi, TX 78404 (20,000 SQF office bldg. x 2 in Corpus Christi) • March 2014-Acquired 1525 Ocean Dr.,Corpus Christi,TX 78404(6 units apartment in Corpus Christi) • April 2014-Acquired 3816 Speedway,Austin,TX 78705(38 units apartment in UT area in Austin) • July 2014-Acquired 210 Lake Drive,Taylor,TX(Austin Suburb 19 unit condominium) • July 2014-Acquired 619 Tancahua and 800802&806 Hancock,Corpus Christi,TX 78401(47 units) • July 2014—Sold 2118 Edgehill Drive,San Antonio,TX(21 unit apartment complex in Alamo Heights) • Aug 2014-Acquired 4000 Wildcat Dr.,Portland,TX(40 units—foreclosed as lender) • Aug 2014-Acquired 3241 Reid Dr.,Corpus Christi,TX(19 units—foreclosed as lender) • Aug 2014 - Acquired 319 N. Mesquite St., Corpus Christi, TX (Loft, Office and retail mix use building in downtown Corpus Christi—foreclosed as lender) • Sept 2014-Acquired 3120 Santa Fe St.,Corpus Christi,TX(29 unit apartment complex) • Sept 2014—Acquired 3535 Cottonwood St.,Corpus Christi,TX(72 unit apartment complex) • Sept 2014—Acquired 302 and 240 Indiana St.,Corpus Christi,TX(8 unit apartment complex) • Sept 2014—Acquired 4712 Depew St.,Austin TX(12 unit apartment complex in UT area) • Sept 2014 — Acquired 14334 Cruiser St., Corpus Christi, TX (11 unit luxury townhome in North Padre Island) • October 2014—Sold 4000 Wildcat Dr.,Portland,TX(40 unit apartment complex) • December 2014 - Acquired 425 Schatzell Street,Corpus Christi,TX 78401 (Loft/Commercial Bldg. in downtown Corpus Christi) • December 2014 -Acquired 1517 Ocean Drive,Corpus Christi,TX 78401(6 plex) • December 2014 -Acquired 1519 Ocean Drive,Corpus Christi,TX 78401(6 plex) • January 2015—Acquired 2704 French Place,Austin,TX 78722(21 units near UT) • January 2015—Acquired 3237 S.Staples St,Corpus Christi,TX 78411(48 units)Casa Linda • January 2015—Acquired 453 Eldon Drive,Corpus Christi,TX 78412(42 units) • March 2015—Acquired 201 S Chaparral St,Corpus Christi,TX 78401(29 units) • April 2015—Acquired 4325 NW Loop 410,205,San Antonio,TX 78229(33 units) • May 2015—Acquired 121 Woodward St Austin Tx 78704(52 units) • June 2015—Acquired 700 Nelray Dr Austin Tx 78705(12 units) • June 2015—Acquired 1601 Ocean Dr Corpus Christi Tx 78404(6 units) • September 2015—Acquired Hickory Park Townhomes in College Station Tx(34 units) EXHIBIT "S ANDERSON, LEHRMAN, BARRE & MARAIST, L.L.P. DATE: If _ ERRAND REQUEST, RECEIPT AND REPORT TIME: I t INSTRUCTIONS: ITEM(S)TO BE: 4 DELIVERED: O PICKED UP: DESCRIPTION AND CONTENTS DELIVER TO INDIVIDUALS NAME: Q-P OR rdoI ( O /a PICK UP FROM: COMPANY OR FIRM NAME: �r�i . STREET ADDRESS: CifY Ina CITY AND ZIP CODE: O DELIVER TO INDIVIDUAL NAMED ONLY O RECEIPT REQUIRED O RECEIPT NOT REQUIRED ❑ SPECIAL INSTRUCTIONS: TYPE OF ERRAND: • B ❑ REGULAR -TO BE RUN AT NEXT REGULARLY SCHEDULED ERRAND RUN ❑ EMERGENCY-TO BE RUN AS SOON AS MESSENGER CAN BE DISPATCHED OCT 3 2fli5 O NO HURRY-TO BE RUN WITHIN 24 HOURS WY SECRETARY OffiCE AUTHORIZATION: Charge to: Client No. I 1 1 1 1 1 File No. ( 1 1 1 1 l Client Name Re: Authorizing Atty Approved By E RINT ATTORNEY OTHER ACCOUNTING / MESSENGER USE ONLY: MILES HOURS AMOUNT$ MESSENGER: POSTED BY: DATE DELIVERED: TIME DELIVERED: FURTHER DETAILS: RECEIPT: THE UNDERSIGNED ACKNOWLEDGES RECEIPT OF THE ITEMS DESCRIBED ABOVE. RECEIVED BY: DATE: TIME: SENDER'S COPY,WHITE-RECIPIENT'S COPY,YELLOW-ACCOUNTING COY,PINK LNV Solutions Today with a engineers architects contractors Vision for Tomorrow September 23, 2015 GPM Engineering 5440 Old Brownsville Road Corpus Christi, TX 78415 Attn: Mr.James Ward, P.E. Project Manager RE: GORDON STREET APARTMENT COMPLEX BUILDING CURSORY STRUCTURAL WALK-THROUGH ASSESSMENT Ladies/Gentlemen: As requested, LNV performed the cursory structural walk-through of the Gordon Street Apartment Complex, located at 625 Gordon Street, Corpus Christi,TX. This walk-through was requested to provide an opinion of the current condition of the building structure, based on available visual observation only. Geotechnical data and construction plans were not reviewed or provided for review for this limited assessment. Findings: The apartment complex was built in the early 1960's according to the Nueces County Appraisal District. Most of the units were boarded up at the time of our visit on September 4, 2015; however,we were able to enter three units in three different structures, including a second floor unit, and observed the exterior of all structures in order to note similarities in condition and form a general opinion of the integrity of the main structural framing elements. A list of findings based on the units that were accessed, framing members that were visible and exterior observations is as follows: • Differential foundation movement evident by cracking in the exterior brick veneer. • Site drainage appears to be directed toward the building foundations at several structures. • Minimal cracking was present in the drywall on the interior walls and ceilings of the units that were observed. • "Soft"feel in isolated areas of floor while walking through second floor unit. • Broken window glass at windows not covered with plywood. • First floor unit in northernmost structure had previously sustained fire damage o Fire damage appeared to be somewhat contained and limited to the finishes on the interior of the unit rather than the framing system. o Exterior walkway framing above this unit was severely damaged, requiring replacement. o Possible water damage to adjacent units from firefighting efforts. • Apparent fire damage outside first floor unit of southeastern most structure. • Exterior stairs accessing the second floor units are in poor condition. • Handrails on the exterior second floor walkway are in poor condition. • Detached/deteriorated fascia board in isolated areas at exterior second floor walkway. o Exposed exterior walkway framing ends have water damage. 801 NAVIGATION I SUITE 300 I CORPUS CHRISTI,TEXAS 78408 OFFICE 361.883.1984 I FAX 361.883.1986 I WWW.LNVINC.COM GPM Engineering Gordon Street Apartment Complex Cursory Structural Walk-Through Assessment September 23,2015 Page 2 of 2 Professional Opinion: Overall, the building structural framing and foundation systems appear to be in good general condition, based on our visual cursory walkthrough, with the exception of a few isolated areas previously noted. Differential foundation movement is a common occurrence in this area due to the native highly expansive clay soils. Proper site drainage improvements and positive drainage away from foundations will minimize further or future differential movement in the foundation systems. General Comments: My professional services have been rendered with care and diligence and in a manner customary for professionals involved with structural assessments. I hereby certify that I have no interest, present or contemplated, in this property or its improvements; that my visual observation was made with reasonable care; and that the information contained in this report is based on my best professional judgment. This letter report is not a guarantee and carries no warranty, expressed or implied. We appreciate the opportunity to assist you with this cursory walk-through. If you have any questions regarding the content of this letter report please call me at 361-883-1984 or email me at jscheffler a(�Invinc.com. Sincerely, L N V `` engineers I architects I contractors =0,OF r ,‘ TBPE Firm No. F-366 g'�P•''•"•••'4 •.;f,4 1sioq_ IS * : �\ • * } D�. JENNIFER D. SCHEFFLER$i ennif r D. Scheffle .E. 1 �/ 111687 Project Engineer � .�'•���ENSE. �; .% 2.1 LN%JSohjTons Today with a Vision for Tomorrow engineers I architects contractors GPM Engineering Gordon Street Apartment Complex September 2015 Cursory Structural Walk-Through Z... r s6 , r.,a4,w4 ,± •rte `.'y A 1 4VIN a �� Wim.. �.,c.0'. .. r ` „o• f, .k ♦ w ap rfhM Ms.a4n7. ,,,��° .,, / ' ,,,,� .y µ �P' Gordon Street ''AN., R ./ /4/1 '�,,, ,� \ apartment w r.,, �,'"< a complex ♦ 4+ Wet.40...40.wheal�' e �' 4 a u'''(v'+s $ .k' C'�yfi ar w by. P fd *F 4s d d :a'Ci 'i 9,,4• ." 4 ' dd 1\ h 46 p l r.. S,.' d` ;t A 4,d / s O * e :$ if t Photograph No. 1 — Google Map of Project Location ParkingZ,, : 1Av. . 1 structure � ., `. ''t n off OS1 �- R r ` ,,,,. '�,�' *, Apparent fire Fire damaged `•.- f ,' .,--" i damage unit entered ' ' �:,, observed at on first floor t` >};,� "' a, - exterior of rfirst floor unit First floor unit entered ,, . r � ,,'-...r.". r {_ Second floor i + unit entered -..'14' 4- �-g - /- Parking Apartment structure structures Photograph No. 2 — Google Map Satellite View of Project Location LNV engineers a'ch'e- TBPE Firm F-366 GPM Engineering Gordon Street Apartment Complex September 2015 Cursory Structural Walk-Through Original stair 'ire"- treads no =, longer present. it Building Replaced with ,r `« 1. structure in wood .-.1 -" .' good general r members. condition Dirt and debris A indicate site 'AI1 drainage toward ,",ik i .. --- .6 , building foundation Photograph No. 3 — Front Face of Building, Exterior Walkway and Stairs 1 Building structure in good general ' condition h ■ Open and ' broken window glass • t..4-,.-;,....+ 09/04/2015 Covered openings Photograph No. 4 — Rear Face of Building LNV eag goers a'chisects contractors TBPE Firm F-366 GPM Engineering Gordon Street Apartment Complex September 2015 Cursory Structural Walk-Through t"1"k'. . # I til,� Building end A , . , J _ wall __ _, . Crack in brick — x > =' r��I t veneer .- T---- iiii11111161111111, indicating differential f"- movement of the foundation ma ` ' system 09/04/2015 al/ Photograph No. 5 — Typical Cracking Seen in Brick Veneer Crack in --- _., ., . i brick veneer '- �. -. }..•.x YAC n indicating differential Building end movement of wall the foundation system 09/04/2015 Photograph No. 6 — Cracking in Brick Veneer LNV enq neers rc.h- TBPE Firm F-366 GPM Engineering Gordon Street Apartment Complex September 2015 Cursory Structural Walk-Through Ceiling/second floor framing - A ' system with "� r' minimal discoloration "s + andnofire f damage —«Y- Fire damaged drywall/gypsum 09/04/2015 board i Photograph No. 7 — Fire Damaged Apartment Unit ..�. Damaged exterior Fire damaged • walkway handrail exterior walkway 0. system framing members • • / p "c -- - 09/04/2015 Photograph No. 8 — Fire Damage at Exterior Walkway LNV e-.q,�eers athre•., .....,dors TBPE Firm F-366 GPM Engineering Gordon Street Apartment Complex September 2015 Cursory Structural Walk-Through • Deterioration // ✓1 present at edger Missing of walkway handrail at � �_ ��'���./, � edge of '°"l, %�- -. walkway 5# �J Photograph No. 9 — Exterior Walkway t Interior framing between units in good general condition Photograph No. 10 — Typical Interior Framing LNV ^gineers architects contractors TBPE Firm F-366