HomeMy WebLinkAbout032643 RES - 01/11/2022Resolution upholding the Building Standards Board's order to demolish the
dilapidated/substandard structure located at 1301 N Water Street and
owned by 8058 MKII LLC.
Whereas, the Building Standards Board (the "Board") held a public hearing on
October 14, 2021, at 1:30pm regarding structure located at 1301 N Water 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. V156713-052121;
Whereas, 8058 MKII LLC, the owner of 1301 N Water Street (the "Appellant")
filed a written notice of appeal of the Board's order with the City Secretary's Office on
November 2, 2021, 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");
Whereas, the filing of the appeal stayed the Board's order;
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 1301 N Water Street:
(1) the decision of the Board was not erroneous, and
(2) that the decision of the Board would not cause 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 Final Order of the Building Standards Board of Appeals, Case No.
V156713-052121, for the structure at 1301 N Water Street is upheld.
SECTION 3. The Appellant's appeal is hereby denied.
SECTION 4. The City may vacate, secure, remove, or demolish the building or relocate
the building occupants if the action ordered by the Board is not taken.
032643 1
SCANNED
PASSED AND APPROVED on the / / qday of( �, 2022:
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez
Ben Molina
Mike Pusley
Greg Smith
ATTEST:
dukt\ /3ot-
a gvt7// CCliml
1i$f±, City Secretary
C1 Y OF CORPUS CHRISTI
032 64 3
Paulette M. Guajardo
Mayor
10/14/2021
i de Enforcement Di`Vislltuai
CERTIFIED LETTER it 7020 1810 0000 1317 5862
8058 MKII LLC
3511 RIVERCREST DR
AUSTIN, TX 78746-1310
RE: 1301 N WATER ST
Legal Description: BEACH BLK 45 LOT 1
The Building Standards Board (hereinafter, "Board") met at 1:30 P.M. on 10/14/2021 in the Council Chambers, 1201
Leopard, to hear matters concerning the substandard building(s) located at the above referenced property. In reference
to the substandard building(s), the Final Order of the Board's decision is enclosed. The Final Order specifies the time
allowed for the owner, lienholder, and/or mortgagee to comply with the Board's Final Order. The time permitted
commences from the date listed on the enclosed Order. An appeal of this Board's decision may be made to the City
Council under the provisions of Corpus Christi Code Sec. 13-24 - Appeals,
It may be necessary for the owner, Ilenholder, and/or mortgagee to obtain the proper permits before initiating
demolition or repairs ordered by the Board. A permit can be obtained at Development Services located at 2406 Leopard
Street, Corpus Christi, Texas.
Please contact Diana T. Garza, Building Standards Board Liaison, if you have any questions regarding this matter. She can
be reached at (361) 826-3009.
Sincerely,
Diana T. Garza
Building Standards Board Liaison
Code Enforcement Division
Attachment: FINAL ORDER OF THE BUILDING STANDARDS BOARD
Case number V156713-052121
P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3046 http;//www.cctexas.com/
FINAL ORDER OF THE
BUILDING STANARDS BOA.
Case No. V156713-052121
Property Owner(s)/Lienholder(s)/Mortgagee(s)
8058 MKII LLC
3511 RIVERCREST DR
AUSTIN, TX 78746-1310
1$
D
RE: 1301 N WATER ST
Legal Description: BEACH BLI( 45 LOT 1
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 10/14/2021, the City of Corpus Christi Building and Standards Board held a public hearing and made the following
findings regarding the building(s) or structure(s)located at the above referenced property:
1. Pursuant to the provisions of Chapter 13 of the Code, on 5/18/2021 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 7/29/2021 a notice of violation(s) and request to correct the violation(s) was sent to the owner(s),
lienholder(s), mortgagee(s) and all known interested parties. Additionally, on 07/30/2021 notice of violation(s)
was published in the Corpus Christi Caller Times;
3. Thirty days elapsed since the notice of violation(s) was received and/or published, and such violation(s) was not
cured;
4. Code Official, Diana T. Garza, filed a complaint with the Chairman of the Board regarding the above referenced
property on 08/30/2021, 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(s), lienholder(s), mortgagee(s) and all known interested
parties on 10/1/2021, which was at least ten day prior to the public hearing. Additionally, on 10/1/2021 notice of
the public hearing was published 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, Iienholder, mortgagee(s), and/or other interested parties the opportunity to address
the Board and present testimony, documentation and information, the Board finds the building(s) or structure(s)
located at the above referenced property is substandard and constitutes a nuisance.
7. The City will vacate, secure, remove, or demolish the building or relocate the building occupants if the action
ordered below is not taken within the allotted time.
8. If 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 of the date of this Order. If such items of personal property
are not removed from the premises within 30 days, they shall be placed in storage for 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. If 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.
,lard ORDERS:
The substandard building(s) or structure(s) shall be secured by the owner(s), lienholder(s), and/or
mortgagee(s) from unauthorized entry within 30 days.
The Board finds the substandard building(s) or structure(s) can reasonably be repaired so as to comply with the
code; therefore, the Board ORDERS:
The substandard building(s) or structure(s) shall be repaired by the owner(s), Iienholder(s), and/or
mortgagee(s) within 30 days. Repairs must comply with City Ordinance Section 13-22(g).
The substandard building(s) or structure(s) shall be repaired by the owner(s), lienholder(s), and/or
mortgagee(s) within (31 to 90) days. Repairs must comply with City Ordinance Section 13-22(g).
Further, the owner(s), lienholder(s), and/or mortgagee(s) 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 Board finds the substandard building(s) or structure(s) 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,
the Board ORDERS:
The substandard building(s) or structure(s) shall be vacated by the owner(s), Iienholder(s), and/or
mortgagee(s) within _ days. The building(s) or structure(s) shall be placarded to prevent occupancy until
the building(s) or structure(s) is brought up to all minimum standards of the code by the owner(s),
Iienholder(s), and/or mortgagee(s) within 30 days.
The substandard building(s) or structure(s) shall be vacated by the owner(s), lienholder(s), and/or
mortgagee(s) within _ days. The building(s) or structure(s) shall be placarded to prevent occupancy until
the building(s) or structure(s) is brought up to all minimum standards of the code within (31 to 90)
days. Further, the owner(s), lienholder(s), and/or mortgagee(s) 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 Board finds the building(s), structure(s) or premises cannot be repaired because of the refusal of the owner(s)
or its intrinsic state of disrepair or both and is dilapidated or substandard; therefore, the Board ORDERS:
The dilapidated or substandard building(s), structure(s), or premises shall be removed or demolished and
removed by the owner(s), lienholder(s), and/or mortgagee(s) within 30 days.
The dilapidated or substandard building(s), structure(s), or premises shall be removed or demolished and
removed by the owner(s), lienholder(s), and/or mortgagee(s), within (31 to 90) days. Further, the
OR
owner(s), lienholder(s), /or mortgagee(s) shall secure the prope, ,1 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 Board finds that the owner(s), lienholder(s), and/or mortgagee(s) has submitted a detailed plan and schedule
for the repair/removal/demolition (circle one) of the building(s) or structure(s) and the owner(s), lienholder(s)
and/or mortgagee(s) has established that the work cannot reasonably be completed within 90 days because of the
scope and complexity of the work; therefore, the Board ORDERS:
The dilapidated or substandard building(s) or structure(s) shall be repaired/removed/demolished (circle
one) by the owner(s), lienholder(s), and/or mortgagee(s) within days. Repairs must comply with City
Ordinance Section 13-22(g). Further, the owner(s), lienholder(s), and/or mortgagee(s) 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 detailed plan and schedule submitted to the
Board and approved by the Board. The detailed plan and schedule approved by the Board is attached and
incorporated by reference to this Order and includes the amendments and/or additions noted below:
The owner(s), lienholder(s), and/or mortgagee(s) shall submit monthly progress reports to the Code
Enforcement Division to demonstrate compliance with the time schedules established for
commencement and performance of the work.
The owner(s), lienholder(s), and/or mortgagee(s) shall report bi-monthly to the Board to demonstrate
compliance with the time schedules for the work, beginning on and continuing
throughout the pendency of the approved schedule.
The Board further finds the above referenced property, including structures or improvements on the
property, exceeds $100,000 in total value; therefore, the owner(s), lienholder(s), and/or mortgagee(s)
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.
Pete G Cavazos FOR . GAINST Coretta Graham j/AGAINST
David Foster FOR/AGAINST Catherine Giffin +;/AGAINST
Guate Garda FOR/AGAINST Monica Pareso O:/AGAINST
n /� ' n t/
Ordered this L I day Of 1.1Ls) , 2021.
rl
Signed under the authority of the Board: Date Palled it) 111-)-I Signed under the authority ofoard:
Chairperson Vice -Chairperson
Filed with the City Secretary:
Rebecca Hue 'ta
City Secr 2tary