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HomeMy WebLinkAbout032365 RES - 02/23/2021Resolution denying Samer Hamed's appeal, thereby upholding the Building Standards Board's order to demolish the dilapidated/substandard buildings and structures on the property located at 626 Glazebrook Street. Whereas, the Building Standards Board (the "Board") held a public hearing on November 19, 2020, at 1:30pm regarding property located at 626 Glazebrook 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. V106167-082118; and Whereas, the owner of 626 Glazebrook Street (the "Appellant") filed a written notice of appeal of the Board's order with the City Secretary's Office on December 10, 2020, 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 626 Glazebrook 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 January 24, 2019, at 1:30pm. The owner Samer Hamed did not appear but sent Deborah Sherrill as a representative on his behalf. Ms. Sherrill stated she was assisting Mr. Hamed with the process to restore the property. She stated that she had just started speaking to Development Services staff on 1/23/2019, about permits needed and that Mr. Hamed was in the process of hiring an engineer for the project. Ms. Sherrill requested the Board grant an extension to allow time to obtain permits and start restoring the property. Assistant City Attorney Yvette Aguilar clarified to Ms. Sherrill that she must submit a detailed plan and time schedule for the work at the next hearing and establish that the work cannot reasonably be completed within 90 days in order for the board to grant more than 90 days to repair pursuant to Section 214.001(j) of the Local Government Code. After considering the testimony and reviewing the documentation and information submitted by City staff and after affording the owner and/or other interested parties the opportunity to address the Board and present testimony, documentation and information, the Board tabled the case to the next meeting scheduled to be held on March 28, 2019; and 032365 SCANNED 3. Building Standards Board Hearings were not held on March 28, 2019 and May 23, 2019, due to not having a quorum of Board members present. 4. The Board held a public hearing on July 25, 2019, at 1:30pm. The owner Samer Hamed did not appear, but sent David Walker, Architect, as a representative on his behalf. Mr. Walker explained they were having some issues with a previously hired structural engineer but have since hired a new one. Mr. Walker stated he expected permits could be obtained within 30 days. Board members were concerned about proximity to Ray High School and prohibiting people from getting into the property if an extension was granted or case was tabled. Assistant City Attorney Yvette Aguilar clarified for Mr. Walker must submit a detailed plan and time schedule for the work at the next hearing and establish that the work cannot reasonably be completed within 90 days in order for the board to grant more than 90 days to repair pursuant to Section 214.001(j) of the Local Government Code. After considering the testimony and reviewing the documentation and information submitted by City staff and after affording the owner and/or other interested parties the opportunity to address the Board and present testimony, documentation and information, the Board tabled the case to the next meeting to allow permits to be pulled, and ordered that Mr. Hamed to submit a detailed timeline at the next board hearing and erect a fence and post signs that comply with the requirements of Section 13- 3011, Code of Ordinances, to secure the property and prohibit entry within 21 days; and 5. The Board held a public hearing on September 26, 2019, at 1:30pm. The owner Samer Hamed did not appear, but sent David Walker, Architect, as a representative on his behalf. Mr. Walker stated that he had applied for a permit last week, does not have a permit just yet but should have one by next week. Mr. Walker stated the plan is to restore the building. At this time Mr. Walker did not have a detailed timeline for completion of the property but estimated that the owner could start construction within 2 weeks of getting the permit and complete project within 2 to 3 months. 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 ordered that Mr. Hamed complete substantial work and repairs within 60 days and the fence was to remain as a perimeter around the premises to prohibit entry. Substantial work was clarified to mean windows, roofing, doors, and insulation were to be completed by the next meeting. Also, a completion date was to be submitted at the next board hearing; and 6. The next Building Standards Board Hearing scheduled on November21, 2019, was not held due to being cancelled. 7. The Building Standards Board Hearing scheduled on January 23, 2020, was not held due to not having a quorum of Board members present. 8. Building Standard Board hearings were not scheduled in March, May, July, or September 2020, due to not having sufficient members appointed to the Board. 9. The Board held a public hearing on November 19, 2020, at 1:30pm. Mr. Hamed did not appear but his brother, Shauky Hamed, appeared remotely on his behalf. Mr. Hamed was given the opportunity to delay the start of the case until later in the meeting so that Samer Hamed could be present, but Shauky Hamed said his brother told him it was okay to proceed without him present. Code Officer Diana T. Garza informed the Board that the roofing permit issued in 2018 and the permit for repairs issued on November 22, 2019, had both expired and work had not been started. The building did not have windows, leaving the structure open to the elements. The fence surrounding the property was not secure and there were no signs posted prohibiting entry. Mr. Shauky Hamed could not provide a reason that his brother did not comply with the Boards previous order to have windows, roofing, doors, and insulation completed by November 21, 2019. He kept stating that the COVID-19 pandemic prevented the timely completion of the repairs and still could not provide a completion date or any definite plans for repairs to the structure. After considering the testimony and reviewing the documentation and information submitted by City staff and after affording the owner and/or other interested parties the opportunity to address the Board and present testimony, documentation and information, the Board found that the structure or premises could not be repaired because of the refusal of the owner or its intrinsic state of disrepair or both and is dilapidated or substandard and ordered removal or demolition by the owner, Iienholder or mortgagee, within 30 days; and 10. The building or structure has a door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of this City as related to the requirements for existing buildings and therefore is considered dangerous and deemed substandard pursuant to section 108.1.5 of the International Property Maintenance Code as adopted by the City of Corpus Christi Code of Ordinances (the "IPMC"); and. 11.The building or structure is clearly unsafe for its use and occupancy and therefore is considered dangerous and deemed substandard pursuant to section 108.1.5 of the IPMC; and 12.The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals, or immoral persons, or enables persons to resort to the building and structure for committing a nuisance or an unlawful act and therefore is considered dangerous and deemed substandard pursuant to section 108.1.5 of the IPMC; and 13.The building or structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety and therefore is considered dangerous and deemed substandard pursuant to section 108.1.5 of the IPMC; and 14. The buildings or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, electrical, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation, or in such a condition that it is likely to cause sickness or disease, including all conditions conducive to the harboring of rats or mice or other disease -carrying animals or insects reasonably calculated to spread disease and therefore is considered dangerous and deemed substandard pursuant to section 108.1.5 of the IPMC; and 15. The building or structure, because of a lack of sufficient or proper fire resistance -rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health and therefore is considered dangerous and deemed substandard pursuant to section 108.1.5 of the IPMC; and 16. The building or structure or any portion of a building or structure remained on a site after the demolition or destruction of the building or structure or the building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public and therefore is considered dangerous and deemed substandard pursuant to section 108.1.5 of the IPMC; and 17.The photos attached of 626 Glazebrook Street further support the finding that the buildings and structures are dangerous and substandard; and 18. Pursuant to Section 101.3 of the IPMC the spirit and purpose of the Code is to ensure public health, safety, and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Further, existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required in the 1PMC; and 19. The Appellant has not alleged or establish that an error was committed by the Board; and 20. The Appellant has failed to establish that the Board's decision would have caused undue hardship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The Council declares the recitals in the above paragraphs are true and correct. Section 2. The Appellant's appeal is hereby denied. Section 3. The Board's attached order requiring the owner, lien holder or mortgagee to demolish the buildings and structures on the property located at 626 Glazebrook Street is upheld. Section 4. Not applicable unless amendment is made to specifically adopt in place of the aforementioned Sections 2 and 3: The Board's attached Order is modified as follows: PASSED AND APPROVED on the '`3(-C)\day of kith,7 2021: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: Iv� Ai,)z kfy ALIF OF CORPUS CHRISTI Reb-cca Huerta Paulette M. Guaj City Secretary Mayor 11/20/2020 Code. Enforcement Division Police Department CERTIFIED LETTER # 7018 2290 0833 1192 SAMER HAMED 302 LAUREL DR. CORPUS CHRISTI, TX. 78404-2406 (ECE1VbJ Nov igILF.4).211Magnifi. RE: 626 GLAZEBROOK ST Legal Description: UNDALE PARK 4 W22' LT 6 E58' LT 7 BL 39 The Building Standards Board met at 1:30 P.M. on. 11/19/2020 In the Council Chambers, 1201 Leopard, to hear matters concerning the substandard buildings) 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) daysfrorn 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 perniit(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: FINAL ORDER Or THE BUILDING STANDARDS BOARD Case number: V106167-082118 FINAL ORDER OF THE BUILDING STANDARDS BOARD Case Number: V106167-082118 9277 Corpus Christi, Texas 78469-9277 • (361) 826-3046 • )3ttp://www.cct Property Owner(s) SAMER HAMED 302 LAUREL DR, CORPUS CHRISTI, TX. 78404-2406 RE: 626 GLAZEBROOK ST Legal Description: LINDALE PARK 4 W22' LT 6 ES8' LT 7 BL 39 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 11/19/2020, 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 8/21/2018 an Inspection for substandard conditions was made of the buildings) or structure(s) located within the City at the above referenced property; 2. On 8/22/2018 a notice of violation(s).and request to correct the violation(s) was sent to the owner and all known interested parties. Additionally, on 12/10/2018 notice of violation(s) was posted in the Corpus Christi Caller Times; Thirty days elapsed since the notice of violation(s) was provided and such violation(s) were not cured; 4. Code Official, Diana T. Garza, flied a complaint with the Chairman regarding the above listed property on , and the public hearing was held not less than ten days and not more than 45 days after the complaint was flied; 5. Notice of the public hearing was sent to the owner and ail known interested parties on 1/10/2019, which was at least ten days prior to the public, hearing. Additionally, on 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 interestedparties the opportunity to address the Board and present testimony, documentation and Information the Board finds the building located at the above referenced property is substandard and/or constitutes a nuisance. 7. The City of Corpus Christi will vacate, secure,remove, or demolish the building or relocate the occupants of the building if the action ordered below is not taken within the allotted time. 8. in the event there are items of personal property In the premises to be demolished, the owner is ordered to remove personal property from the premises within 30 days. If such items of personal property are not removed from the premises within 30 days, they shall be placed in storage for a period of 90 days. During this period, they may be redeemed by the owner after all costs incurred in placing the items in storage and all accumulated storage fees have been paid. In the event the property is not redeemed within 90 days the City may cause the same to be sold at auction. The proceeds of the sale shall be used to pay for any costs incurred in the storage of the property and any excess amount shall be set off against the cost of demolition to be charged to the owner. pg. 1 FINAL ORDER OF THE BUILDING STANDARDS BOARD Case Number: V106167-082118 The board further finds: The substandard building shall be ordered secured by the owner, lien holder or mortgagee from unauthorized entry within 30 days 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 the compliance with City Ordinance Section 13-22(G). The substandard building or structure can reasonably by 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 to 90 days) days, Repairs must be in compliance with City Ordinance Section 13-22 (G). Further, the owner, Ilen 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 perfornied 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 shell 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 structured 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, is shall be ordered removed or demolished by owner, lien holder, or mortgagee, within thirty (30) days. The structured 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, is shall be ordered removed or demolished by owner, lien holder, or mortgagee, within — (31 days to 90 days) days. OR The Board finds the owner, lien holder, or mortgagee has submitted a detailed plan and time schedule for the work and the owner, Ilen holder, or mortgagee has establish that the work cannot reasonably be completed within 90 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, Ilen 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 the 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. pg. 2 Art A. Ramirez Pete G. Cavazos Loretta Graham Lillian T. Helms FINAL ORDER OF THE BUILDING STANDARDS BOARD Case Number: V106167-082118 FOR/AGAINST FOR /AGAINST FOR /AGAINST FOR /AGAINST Ordered on _„11/1.9/2020 Signed Chairperson rtty of he Board: Flied with the City Secretary on 11 2:5 Date Filed° ' Tim Honea Craig S. Loving � David Faster Rebecca Huerta City Secretary 2.020 FOR /AGAINST FOR /AGAINST FOR /AGAINST Signed under the author of the Board: Vice -Chairperson pg. 3 110/0/r 1.11:1 I-1.! 1.