Jan 04, 2023 Board of Building Standards

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THE JANUARY 4, BOARD OF BUILDING STANDARDS JANUARY COME BEFORE 2023 TO ORDER. THOSE WISHING TO SPEAK TO ANY CASE TODAY WILL HAVE SIGNED IT AT THE DOOR. IF YOU HAVE NOT DONE

[MINUTES]

>> I SECOND. >>

>> THE BORDER BUILDING STANDARDS, IN ALL CASES, OTHERWISE WE ACCEPT THE MINUTES, THE BUILDINGS MUST BE SECURED, AND CLEANED BY THE OWNER IN 10 DAYS OF THE RECEIPT OF THE NOTICE OF VACATION. IF THIS IS NOT DONE, THE CITY WILL DO SO, AND IN ANY CASE, ARE NO PERSONS TO UTILIZE THE STRUCTURE OR STRUCTURES THAT WILL BE DEMOLISHED BY THE

BUILDING BOARDS ORDER. >> ANY APPEAL MUST BE FILED IN REPORT WITHIN 30 CALENDAR DAYS AFTER THE AGREED PARTIES NOTIFICATION OF THE BOARD'S DECISION. AT THE HEARING, YOU SHOULD BE PREPARED TO PRESENT THE FOLLOWING INFORMATION FOR SPECIFIC TIMEFRAME NEEDED TO COMPLETE REPAIRS, SPECIFIC HOPE OF REPAIR WORK TO BE COMPLETED, AND THE COST ESTIMATES FOR REPAIR TO BE DONE BY LICENSED, BONDED CONTRACTORS, SUCH AS ELECTRICAL, BUT PLUMBING, AND HEATING AND AIR CONDITIONING CONTRACTORS.

>> YOU HAVE THE RIGHT TO HIRE AN ATTORNEY TO REPRESENT YOU AT THE HEARING. YOU HAVE THE RIGHT TO INSPECT THE PROPERTY AT THE OFFICE OF PLANNING AND DEVELOPMENT SERVICES PRIOR TO IT. AND YOU HAVE A RIGHT TO REQUEST PRESENCE OF THE DISTAFF FOR THE PURPOSE OF QUESTIONING AT THE HEARING. ANYONE WISHING TO SPEAK TO ANY CASE TODAY, PLEASE RAISE YOUR RIGHT HAND.

[A. Case for Rehabilitation, Demolition, or Civil Penalties - Case #22-000806: 2116 Sears Blvd (SEARS PARK, BLOCK 32, LOT 15, TAYLOR COUNTY, TEXAS), Owner: Meza Christopher R & Gonzales Alexander]

BUT THE TRUTH? >> THANK YOU.

>> WITH THAT BEING SAID, WE ARE READY FOR OUR FIRST CASE.

>> GOOD MORNING, I AM ROBERT MARSH, CODE COMPLIANCE FOR CITY OF ABILENE. WE HAVE A TOTAL OF FOUR CASES TODAY.

>> ONE SECOND WHILE I FIND OUT WHY THIS IS WORKING.

>> ONE SECOND. >> DO WE HAVE A MACHINERY

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MALFUNCTION? >> HERE IS THE PUBLIC NOTICE.

FOR THE FOUR PROPERTIES ON THE AGENDA, WE HAVE TODAY 2116 SEARS BOULEVARD, 1790 CARVER STREET, 16 OH 2 1/2 CHESTNUT STREET, AND ONE, TWO, THREE, FOUR, AND A HALF CHESTNUT STREET. FIRST CASE ON THE AGENDA 22 E- 088 06 LOCATED AT 2116 SEARS BOULEVARD. I CHECKED THE WRETCH SEARCH.

IT'S SO COUNTY RECORD AND GENERAL WAR TEAM NAMING MESA AND GONZALEZ AS OWNERS, THE RECORDS SHOW THEM TO BE THE OWNER. THE STATE SHOWS NO ENTITY AT THESE NAMES. THE TWO UTILITY RECORDS OF THE ADMISSIBLE REALITY OF BEEN ENACTED SINCE APRIL 1ST OF 2022, AND REVEALS THAT MESA AND GONZALES ARE THE OWNERS. THIS IS WHAT WAS POSTED ON THE

STRUCTURE. >> THIS IS THE FRONT EASTSIDE OF THE STRUCTURE. THIS IS THE REAR WEST SIDE OF THE STRUCTURE. THE NORTH SIDE OF THE STRUCTURE. THE SOUTH SIDE OF THE STRUCTURE. AND THESE ARE THE STATED VIOLATIONS THAT WERE FOUND. INADEQUATE SANITATION, STRUCTURAL VALIDATIONS, HAZARD WIRING, HAZARDOUS PLUMBING, HAZARDOUS MECHANICAL EQUIPMENT, INADEQUATE WEATHER PROTECTION , SO THE EXAMPLES WERE FOUND OF WEATHERIZATION .

>> INSIDE DILAPIDATION, OUTSIDE DILAPIDATION, MORE DILAPIDATION ON THE INTERIOR, HAZARDOUS ELECTRICAL WIRING, HERE'S MORE DILAPIDATION OF THE INTERIOR. HAZARDOUS ELECTRICAL WIRING ON THE INTERIOR, INADEQUATE SANITATION, INOPERABLE FIXTURES OF THE STRUCTURE, INOPERABLE HOT

WATER HEATER. >> THERE WERE DETERIORATED DUCK WORKS , IN ADEQUATE EXITS AND GENERAL DILAPIDATION ON THE INSIDE. THE TIMELINE OF EVENTS, MARCH 30TH, 2022, WE INSPECTED THE INTERIOR OF THE PROPERTY, FUND MULTIPLE VIOLATIONS INCLUDING UNSTABLE FLOORING AND POSSIBLE FOUNDATION DEFECTS, MULTIPLE SYRINGES WERE FOUND AROUND THE PROPERTY WERE CLEAN FROM THE PROPERTY THAT DAY. APRIL 7, 2022, WE FILED AN AFFIDAVIT APRIL 19TH, 2022, IN COMBINATION NOTICE WAS SENT TO THE PROPERTY OWNER. JANUARY 7TH THE PROPERTY WAS SOLD , AND JUNE 10TH , 2020 DO AN INITIAL NOTICE OF ACCOMMODATION WAS SENT TO THE NEW ORDERS. JUNE 1520 22, WE SPOKE WITH THE NEW OWNER EXPLAINED TO HIM THAT THERE WERE 30/60 AND THE PERMIT PROCESS, AND HE NEEDED TO SUBMIT A PLAN OF ACTION. SEPTEMBER 21ST, 2022 WE POSTED A NOTICE ACCORDING TO BOARD HEARING ON THE STRUCTURE AND MET WITH THE PROPERTY OWNER. WE LET THEM KNOW AT THE TIME THAT THE OCTOBER MEETING WAS CANCELED, BUT WE EXPECT TO HIM THE 30/60 PROCESS. AT THAT TIME, WE FOUND EVIDENCE THAT HE WAS POSSIBLY STAYING ON THE PROPERTY IN A SHED ON THE BACK. SEPTEMBER 22ND , 2022, WE MET WITH THE CONTRACTOR WAS ALSO THE BROTHER OF THE PROPERTY OWNER AND EXPLAINED TO HIM WHAT WAS REQUIRED TO OBTAIN A BUILDING PERMIT. HE STATED HE NEEDED A TEMPORARY POWER POLE TO DO WORK. HE WAS INFORMED THAT THE BUILDING OFFICIAL WOULD APPROVE THE TEMPORARY POWER POLE AFTER HE SUBMITTED THE PLAN OF ACTION. ALONG WITH ALL THE NECESSARY PAVEMENT FOR WORK AND AFTER THAT HE WOULD BE

[00:10:01]

>> OCTOBER 11TH 2022, WE SAID A NOVEMBER BOARD OF STANDARDS HEARING. ON NOVEMBER 2ND, WE ASKED THE BOARD FOR 30 DAYS TO

GET HIS PLAN TOGETHER. >> THE PROPERTY OWNER TOLD THE BOARD THAT THE 30S/LEXI RULE WAS NOT ENOUGH TIME. NO PLAN OF ACTION HAS BEEN RECEIVED, AND NO ACTIVE PERMIT ON FILE, THE PROPERTY OWNER WAS GIVEN AN EXTENSION TO HAVE A PLAN OF ACTION TO STEADY STAFF BY THE 30TH OF DECEMBER 22. THE PROPERTY OWNER IS LIKELY TO DEPRECIATE ON THE PROPERTY. BY MAIL A NOTICE OF THE HEARING WAS SENT TO BOTH PROPERTY OWNERS. DECEMBER 30TH 22 WAS A DEADLINE TO PROVIDE A LETTER OF ACTION WHICH HE DID NOT DO. STAFF RECOMMENDATION IS FINDING THAT THE PROPERTY IS A PUBLIC NUISANCE AND A HAZARD TO THE PUBLIC SAFETY AND HEALTH AND WELFARE.

>> THE ORDER IS THAT THE OWNERS ORDER TO DEMOLISH OR REPEAL THE ORDER TO THE DISTRICT COURT WITHIN 30 DAYS

OR THE CITY MAY DEMOLISH. >> ANY QUESTIONS?

>> THANK YOU. >> AT THIS TIME I WILL OPEN THE PUBLIC HEARING ON CASE E- 20 200 06. ANYONE WISHING TO SPEAK OF IS PLEASE STATE YOUR NAME AND ADDRESS FOR THE

RECORD. >> NO ONE HERE FOR THE CASE, I OPENED THE FLOOR FOR DISCUSSION. FOR MOTION.

>> RECOMMENDATION OF THE STAFF IS BEFORE YOU.

>> MR. MARSH , I JUST WANT TO CLARIFY ONE THING, THAT YOU INDICATED -- WASN'T NOVEMBER OR DECEMBER, THAT THE OWNER WAS LIVING IN A SHED ON THE PROPERTY?

>> IT WAS A POSSIBILITY, BASED ON THE EVIDENCE WAS ALL AT THE TIME WE WENT OUT THERE TO DO INSPECTION THAT THEY WERE

LIVING IN A SHED . >> NOT THE REAR BUILDING NOT THE PROPERTY WILL TALK ABOUT BUT THE REAL BUILDING?

>> YES. >> THE LAST TIME I HAD CONTACT,

THE LAST HEARING . >> DID YOU TALK TO HIM ON DECEMBER 12TH? WHEN HE WAS GIVEN AN EXTENSION?

>> I DID NOT. HE MADE CONTACT WITH THE PREVIOUS OFFICER.

>> RICKY RIGHT PROGRAM OFFICER, DID SPEAK WITH THE OWNER OF THE PROPERTY ON THE 14TH, THE DAY THAT I POSTED THE SIGN ON THE HOUSE FOR THIS MEETING. I ADVISED EVERYTHING AND TOLD HIM HE SHOULD PROBABLY BE HERE, HE SAID A PLAN OF EVERYTHING TO DO, AND IS NOT HERE TODAY. SO, AGAIN, I DROVE BY THE PROPERTY YESTERDAY, AND HE WAS ON THE PROPERTY IN HIS VEHICLE. SO, HE WAS VERY WELL AWARE THAT THE MEETING WAS TODAY . AND I DID EXPLAINED THAT IT WOULD BE IN HIS BEST INTEREST TO BE HERE TO EXPLAIN TO Y'ALL WHAT'S GOING ON. BUT IS NOT HERE. SO THE LAST TIME HE WAS SPOKEN TO WAS ON THE

14TH BY ME. >> ANY FURTHER DISCUSSION?

>> MR. CHAIMAN, I WOULD LIKE TO MAKE A MOTION TO GO WITH

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PEOPLE OF THE CITY. >> MOTION BY MR. ALLRED , THAT THE PROPERTY BE DECLARED UP PUBLIC CONDITION AND IT IS A HAZARD TO THE PUBLIC HEALTH SAFETY AND WELFARE AND THE REPAIR AND STRUCTURE TO BE UNREASONABLE. ANY SECOND?

>> SECOND BY DR. PARIS. ANY FURTHER DISCUSSION?

>> ROLL CALL, PLEASE. DR. PARIS.

>> MR. ALLRED. YES. MR. MCRAE ARE JUST . MR. WEBB.

>> MR. WEBB .'S BEEN MR. TURNER.

>> YES. MR. DOUGLAS ? >> MR. BEARD . YES.

>> MOTION PASSED. >> I WOULD CONTINUE THAT THEY OWNER IS OLDER ORDER TO DEMOLISH THE BUILDING BY ORDER OF THE CITY COURT IN 30 DAYS OR THE CITY MAY ABOLISH IT.

>>

>> I WILL SECOND. >> ROLL CALL, PLEASE.

>> DR. PARIS. YES. >> MR. ALLRED

>> YES. >> MR. MCRAE ERROR MR. DUGGER.

[B. Case for Rehabilitation, Demolition, or Civil Penalties - Case #22-001592: 790 Carver St. (STEVENSON PARK, BLOCK 3, LOT 2, TAYLOR COUNTY, TEXAS), Owner: Penns, Erma Turnerhill]

>> YES. >> NEXT CASE.

>> NEXT CASE ON THE AGENDA IS LOCATED AT 790 CARVER STREET.

THE CHECKLIST FOR THE RECORD SEARCH FOR COUNTY RECORDS PROBATE NAMING THE OWNER. THE OTHER COUNTY RECORD SHOWS ANOTHER OWNER. THE RECORD FOR THE SITE SHOWS NO ENTITY IN HIS

NAME. >> UTILITY RECORDS INDICATE IT'S BEEN INACTIVE SINCE JULY OF 2018 AND THIS IS THE PUBLIC NOTICE THAT WAS POSTED ON THE STRUCTURE.

>> THIS IS THE FRONT EASTSIDE OF THE STRUCTURE. THE REAR WEST SIDE OUTSIDE. IN THE NORTH SIDE THESE ARE THE SUBSTANDARD CODE VIOLATIONS, AND INADEQUATE SENSE OF TATIAN, NUISANCE, HAZARDOUS ELECTRICAL WIRING PLUMBING, HAZARDED MECHANICAL EQUIPMENT AND FAULTY VENTILATION. THIS IS THE DILAPIDATION ON THE INTERIOR AND EXTERIOR.

>> THIS PLUMBING IS OBSERVABLE FROM THE EXTERIOR AND INTERIOR.

>> WE HAVE SANITATION, . A STRUCTURAL HAZARD INDISCERNIBLE ] UNSTABLE FLOWING, HAZARDOUS ELECTRICAL WIRING, BRAIDED WIRING. MORE BRAIDED WIRING. HAZARDOUS MECHANICAL EQUIPMENT. FAULTY WEATHER PROTECTION THROUGHOUT THE EXTERIOR. THIS IS THE TIMELINE OF EVENTS. SEPTEMBER 9TH , 2021, THE CASE WAS OPEN FOR DILAPIDATED STRUCTURE. THE OFFICER WAS TOLD THE OWNERS DECEASE. THE DAUGHTER WAS THE HEIR TRYING TO GET THE PROPERTY LISTED IN HER NAME, THE DAUGHTER WAS SUBMIT THE COST ESTIMATES OF REPAIR SO THAT SHE MAY GAIN A PERMIT. ON MAY 25TH, 2022, NOTICE OF VIOLATION FOR DILAPIDATED STRUCTURE WAS SENT TO THE DAUGHTER-IN-LAW FOR APATHY AND VALIDATIONS THAT IT BE TAKEN.

JUNE 22 THE CASE WAS MOVED CONDEMNATION PROGRAM DUE TO NO PROGRESS AND THE AFFIDAVIT OF CONDEMNATION WAS FILED AT THE COUNTY CLERK'S OFFICE. SET TIMBER AT SEPTEMBER 22,

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DECEMBER 12, NOTE PLAN OF ACTION WAS RECEIVED BY THE CITY WITH REGARD TO PERMIT, NO RECENT CONTACT FROM HEIRS.

NOTICE OF JANUARY HEARING WAS SENT AND NOTICE OF THE HEARING WAS POSTED ON THE STRUCTURE. DECEMBER 21ST, 2022, THIS DOCTOR HAD TO BE SECURED BY THE CITY. STAFF RECOMMENDATION FINDING THAT THE PROPERTY IS A PUBLIC NUISANCE, AND IS A HAZARD TO THE PUBLIC HEALTH SAFETY AND WELFARE OF THE STRUCTURE BEING REASONABLE PURSUANT TO CHAPTER EIGHT THE FOLLOWING ITEMS EXIST , STRUCTURAL HAZARD NUISANCE, HAS A STRUCTURAL WIRE, AT THIS POINT, HAZARDOUS MECHANICAL EQUIPMENT AND FAULTY ENVIRONMENTAL PROTECTION. THE OWNERS ORDER TO DEMOLISH OR APPEAL THE ORDER TO THE DISTRICT COURT WITHIN 30 DAYS OF THE CITY MAY DEMOLISH.

>> IS MISSED PIN THE OWNER THAT DAUGHTER-IN-LAW, SO SHE NEVER GOT THE OWNERSHIP, I DON'T KNOW IF THAT CAUSE THIS. OR,

HAS SHE GIVEN UP ON IT? >> I DON'T KNOW, WE HAVEN'T HAD ANY CONTACT SINCE THE INITIAL CONTACT.

>> ANY QUESTIONS FOR MR. MARSH . THANK YOU MR. MARSH, THIS TIME I WILL OPEN THE PUBLIC HEARING ON CASE 22 ZERO TEST 0952, ANYONE WISHING TO SPEAK TO THIS CASE, PLEASE STEP FORWARD AND STATE YOUR NAME AND ADDRESS FOR THE RECORD.

>> SING NO ONE, I WILL YIELD TO PUBLIC HEARING ON THE CASE.

>> I OPENED THE FLOOR FOR DISCUSSION FOR MOTION.

>> COULD WE SEE THE PICTURES ONE MORE TIME?

>> THANK YOU, THANK YOU VERY MUCH.

>> SO THERE HASN'T BEEN ANY CONTACT WITH THE DAUGHTER-IN-LAW , AND SHE HAS NOT MADE ANY CONTACT WITH YOU

AT ALL SINCE -- >> THERE WAS A PREVIOUS ORDER ON THIS STRUCTURE TO 30/60. AND WE RECEIVED THAT DECISION.

>> WOULD YOU GO BACK THROUGH THE TIMEFRAME, PLEASE?

>> BACK FURTHER. GO BACK TO WHERE IT SAYS THE PROBATE NAMED ERMA PENNS , AS THE OWNER. THERE WASN'T A PROPER DEED

NAMING THE ORIGINAL OWNER. >> IT JUST SHOWS A PROBATE IN

THE COUNTY RECORDS. >> SO -- WAS THERE WILL

INVOLVED? >> IT JUST IS PROBATE, AND

[00:25:04]

>> OKAY, THANK YOU. IS THERE A MOTION?

>> THIS DOESN'T SEEM TO BE A NORMAL , ARE WE SKIPPING THE 30/60 AND GOING RIGHT TO DEMOLISH?

>> WE HAD ONE ALREADY. >> A BACKUP TO THAT, SO IT WAS LEFT OFF OF THE TIMELINE, SO THERE WAS A 30/60.

>> OCTOBER. I'M SORRY. THEY RECEIVED THE MAIL. FOR NOVEMBER, I GUESS MY THOUGHT IS IS IT PRUDENT TO GIVE THE OWNER SOME TIME TO WORK OUT THE LEGALITIES AND SECURE THE BUILDING? OR IS IT TIME TO MOVE ON?

>> AND NOT A THREAT TO THE COMMUNITY, THEN THE NEW OWNER

IF IT HAS BEEN WORKED OUT YET, >> THE DAUGHTER-IN-LAW INITIATED HER HER ACTIONS LAST JANUARY. SO, SHE'S HAD TIME ENOUGH. TO GET IT IN HER NAME, SHE WANTED TO. THIS IS OCTOBER 21 IS WHEN THE CODE OFFICER DETERMINED THAT THE PROPERTY OWNER WAS DECEASED, DID WE EVER DETERMINE WHAT THE DATE OF MISPRINTS DEMISE WAS?

>> NO, WE DIDN'T WOULDN'T GET THAT AS FAR AS I KNOW.

>> I THINK THE DAUGHTER-IN-LAW HAS HAD AMPLE TIME TO DO SOMETHING WE , THE CITY HAD TO GO OUT AND SECURE THE BUILDING IN WHAT WAS A, NOVEMBER, DECEMBER, THERE'S NOT MUCH INTEREST THERE IN THE HOUSE IS IN PRETTY BAD SHAPE SO I WOULD GO WITH THE CITY STAFF RECOMMENDATION THAT WE GIVE THE PROPERTY AS UP PUBLIC NUISANCE, AND THAT IT IS A HAZARD TO THE REPAIR AND THE REPAIR OF THE STRUCTURE WOULD BE UNREASONABLE. EVEN IF THE DAUGHTER-IN-LAW STILL IN THE PROCESS OF TRYING TO GET TITLE TO THIS PROPERTY, SHE'S HAD AMPLE TIME TO COMMUNICATE THAT TO THE CITY. THE FACT THAT THERE IS BEEN NO COMMUNICATIONS , LEADS ME TO BELIEVE THAT SHE'S NO LONGER INTERESTED IN IT BUT WITH THAT BEING SAID, I MOVED BY MR. ALLRED, THAT THE PROPERTY IS AN PUBLIC NUISANCE, AND THE PUBLIC REPAIR OF THE PROPERTY WOULD BE UNREASONABLE. IS THERE A SECOND?

>> SECOND. >> ROLL CALL.

>> PASSED. I ALSO MAKE ANOTHER MOTION THAT THE OWNER IS ORDERED TO DEMOLISH OR APPEAR IN COURT DISTRICT

COURT, IN THE CITY. >> MOTION BY MR. ALLRED THAT THE PROPERTY IS DECLARED , THE OWNER IS ORDERED TO DEMOLISH OR APPEAR IN DISTRICT COURT WITHIN 30 DAYS OR THE CITY MAY

DEMOLISH. >> IS THERE A SECOND?

>> I SECOND. >> SECOND BY MR. TURNER.

>> ROLL CALL PLEASE. >> DR. PARIS. MR. ALLRED.

MR. WEBB . MR. MCBRAYER. MR. TURNER . MR. DUGGER. MR.

[00:30:06]

BAYARD . MOTION PASSED. >> NEXT CASE ON THE AGENDA. A

[C. Case for Rehabilitation, Demolition, or Civil Penalties - Case #22-002072: 1602 1/2 Chestnut St. (BELMONT ADDN, BLOCK 5, LOT 1, TAYLOR COUNTY, TEXAS), Owner: Allen, Joe David & Pace, Jay Hunter and Kelly Ann ]

AND THE FAULTY WEATHER PROTECTION EXAMPLES ARE THIS EXTERIOR. HAZARDOUS ELECTRICAL WIRING, HAZARDOUS PLANNING AND INADEQUATE SANITATION. THIS IS THE TIMELINE OF EVENTS, AUGUST 2ND 2022, THEY WERE CONTACTED BY THE ABILENE FIRE DEPARTMENT, THE FIRE MARSHAL LOCATED A MAJOR STRUCTURE FIRE LOCATED AND IT WAS A TOTAL LOSS AND WAS COMPLETELY ON THE GROUND. THIS WAS CONFIRMED AS AN ARSON. IT WAS COMMITTED BY ONE OF THE OWNERS, AND THE SUBJECT WAS ARRESTED. AUGUST 3RD OF 2022, WE SAW 1602 CHESTNUT TO BE COMPLETELY GUTTED OTHER THAN DEBRIS. 16 OH 2 1/2 CHESTNUT WAS THE ONLY DWELLING UNIT OF THE PROPERTY. WE FOUND TWO VAGRANTS SLEEPING INSIDE THE STRUCTURE, WE SET NOTICE, FOR EMERGENCY DEMOLITION FOR 1602 CHESTNUT FOR THE PROPERTY OWNERS. 16 OH 2 1/2 CHESTNUT WAS NOT INCLUDED IN THE DEMOLITION BECAUSE IT WAS NOT BURNED, HOWEVER WAS FOUND TO BE VERY SUBSTANDARD. WE RECORDED THE AFFIDAVIT OF COMBINATION FOUR 1602 AND 16 OH 2 1/2 CHESTNUT STREET AT THE COUNTY CLERK'S OFFICE. AUGUST 10, 2022, AFTER MULTIPLE TENTS, I WAS ABLE TO MAKE CONTACT WITH THE OWNER. THE OWNER WAS RELUCTANT TO WORK WITH THE CITY ON CLEANUP OF THE PROPERTY. THE OWNER WAS VERY DIFFICULT TO

WORK WITH OVER THE PHONE. >> AUGUST 11 2022, WE SENT THE LETTERS, AND SEPTEMBER 13TH, DEMOLITION OF 1602 CHESTNUT THE MAIN STRUCTURE INVOLVED IN THE FIRE WAS COMPLETED.

SEPTEMBER 20TH, THE NEIGHBOR REPORTED TO SERVICES AND WE KNOW THAT THERE WERE A NUMBER OF PEOPLE STAYING IN 16 OH 2 1/2 CHESTNUT. WE SENT A NOTICE OF COMBINATION TO THE OWNER.

HE FAILED TO SECURE THE STRUCTURE. IN OCTOBER 2022, WE RECEIVED ANOTHER NUMBER OF COMPLAINTS OF DISTURBANCES CAUSED BY VAGRANTS ON THE PROPERTY AT NIGHT. OCTOBER 24TH, 2022, THE CITY COMPLETED SECUREMENT OF THE STRUCTURE AS WELL AS A ABATEMENT OF ALL THE JUNK AND DEBRIS ON THE PROPERTY. OCTOBER 1420 22, WE SENT NOTICE TO THE PROPERTY OWNER, POSTED NOTICE FOR THE JANUARY HEARING ON THE STRUCTURE. NOVEMBER 1620 22, THE REPRESENTATIVE MET WITH THE PLANNING AND ZONING, AND HE COULD NOT CONVERT THE STRUCTURE INTO A STORAGE UNIT AS HE WAS INTERESTED IN. SO HE COULD CONVERT THAT 16 OH 2 1/2 CHESTNUT STREET INTO STORAGE.

2 1/2 INTO A FRIDAYS STRUCTURE BECAUSE IT VIOLATES CITY REQUIREMENTS. IN TURN, THERE WAS NOTHING HE COULD DO

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ON THE LOT. >> STAFF RECOMMENDATION WAS TO FIND THE PROPERTY AS A PUBLIC NUISANCE AND A HAZARD TO PUBLIC SAFETY AND WELFARE PURSUANT TO CHAPTER 8 , SECTION 554 . THE NUISANCES ARE HAZARDOUS STRUCTURE, HAZARDOUS WIRE FAULTY WIRING AND PLUMBING, THE OWNERS ARE ORDERED TO DEMOLISH OR APPEAL TO THE DISTRICT COURT WITHIN 30

DAYS. >> ANY QUESTIONS?

>> MR. MARSH, WOULD YOU GO BACK WHEN YOU SAY ABATEMENT AND DEBRIS, THE PICTURE INDICATED THAT THERE IS A LARGE HUNK OF DEBRIS IN THE YARD. WAS THAT A BEFORE OR AFTER

PICTURE? >> THAT WAS BEFORE. THOSE OF

THE INITIAL PHOTOGRAPH. >> IT'S CLEAN, NOW.?

>> IS MY THOUGHT, YESTERDAY, BUT I WANT TO MAKE SURE I

WASN'T MISSING SOMETHING. >> DO YOU HAVE A QUESTION FOR

MR. MARCH? >> BASICITY ZONING, RATES RULES, AND REGULARS, THERE'S REALLY NOTHING THEY CAN DO WITH THE STRUCTURE EXCEPT TO DEMOLISH?

>>

WHOLE ANOTHER STRUCTURE? >> DID HE SEND INTERESTED IN

DOING THAT, AT ALL? >> ANY OTHER QUESTIONS?

>> THANK YOU, MR. MARSH, THIS TIME I WILL OPEN THE PUBLIC HEARING ON CASE 22 002, DASH 072. ANYONE WISHING TO'S -- ANYONE WISHING TO SPEAK TO THIS CASE, PLEASE STEP FORWARD SO

THEY CAN ADDRESS THE RECORD. >> SING NO ONE, I WILL CLOSE THE PUBLIC HEARING ON THE CASE. AND I WILL OPEN THE FLOOR FOR

DISCUSSION OR A MOTION. >>

>> I HAVE A QUESTION, MR. WATSON, WAS A SETBACK REQUIREMENT VIOLATION, WITH THAT KIND BE NEGATED BY OTHER

-- >> NO SIR, NOT IN THIS IS , BECAUSE WE HAD A PRIMARY SECONDARY ENTRANCE BEING USED BY THE SECONDARY SETBACK. I KNOW THIS COMES THE PRIMARY, DOES NOT MEET THE SETBACK REQUIREMENTS FROM THE ALLEY.

>> THE SETBACK REQUIREMENTS ARE ON THE ALLEY IN THE SIDE?

>> >> IT WILL PROBABLY JUST BE THE

ALLEY. >> THANK YOU.

>> SO, REALLY THE ONLY OPTION FOR THIS BUILDING IS TO BE

REMOVED. >>'S OF THE REQUEST WAS TO USE IT AS A STORAGE. BUT THAT IS NOT VIABLE, BECAUSE WE HAVE TO HAVE A PRIMARY DWELLING ON THERE. THE OTHER OPTION IS AS MR. MARSH SAYS, THEY CAN MAKE AN APPLICATION TO BUILD A PRIMARY DWELLING, AND THEN THAT BECOMES THE PRIMARY, AND WOULD HAVE TO BE 50% SQUARE FOOTAGE GREATER THAN THE STRUCTURE THERE , AND THEN WE KIND OF GO BACK TO BEFORE IT BURNED. WE HAVE A PRIMARY, AND WE HAVE A SECONDARY.

>> BUT AS IT SITS RIGHT NOW, THERE'S NOTHING THAT CAN BE DONE TO THAT BUILDING TO DO BUT BUILD IT OR DESTROYED, OR

BUILD A PRIMARY. >> AND THEY SHOWED NO INTEREST

IN BUILDING ON IT? >> MR. MARSH, CAN YOU REMIND US WHEN WAS LAST COMMUNICATION WITH THE OWNERS?

>> THE LAST COMMUNICATION WAS ON DECEMBER 16TH, WHEN HE CAME UP TO CITY HALL, AND AT THAT TIME, HE WAS TELLING US WHAT

HIS LIMITATIONS WERE. >> IS AWARE THAT HE COULD

BUILD A NEW PROPERTY STRUCTURE? >> YES, THEY EXPLAINED IT TO THEM, WHEN HE CAME UP TO CITY HALL.

>> AS FAR AS I KNOW, THAT IS, I'M SURE WITH REASONABLE

[00:40:10]

>> BUT THE OTHER POINT ABOUT HIS INTEREST IN DOING ANYTHING WAS THAT THE CITY HAD TO CLEAN UP THE PROPERTY , CORRECT?

>> CLEAN THE JUNK, AND CLEAN THE PROPERTY.

>> HE WAS NOT WILLING TO, OR SECURE THE STRUCTURE. SO HE IS REALLY NOT SHOWED ANY INTEREST OF ANY OF THAT.

>> YES, SIR. >> IS THERE MOTION?

>> IT APPEARS HE'S EXHAUSTED -- THE CITY HAS EXHAUSTED ALL .

THE STAFF RECOMMENDATION. >> A MOTION BY MR. MCBRAYER, AND SECONDED BY MR. WEBB. ROLL CALL PLEASE.

>>

>> I MAKE A MOTION THAT THE OWNER IS ORDERED TO DEMOLISH THE BUILDING WITHIN 30 DAYS. I SECOND.

>> MOTION BY MR. MCBRAYER, SECOND BY MR. WEBB, THAT THE OWNER IS ORDERED TO DEMOLISH OR APPEAL THE ORDER WITHIN 30 DAYS

OR THE CITY MAY DEMOLISH. >> ROLL CALL, PLEASE.

>>

[D. Case for Rehabilitation, Demolition, or Civil Penalties - Case #22-002320: 1334 / 1334 1/2 Elm St. (J H DARNELL OF BELLEVUE OUTLOT 1, BLOCK 6, LOT 6, TAYLOR COUNTY, TEXAS), Owner: Roland Borden, Inc.]

>> NEXT CASE PLEASE. >>

>> FINAL CASE ON THE AGENDA IS CASE NUMBER 22 ZASTROW ZERO 2220 LOCATED AT 1334, AND 133 4 1/2 ELM STREET. GENERAL RACKET SEARCH OF COUNTY RECORDS FREDERICKS ARE OWNERS. TAYLOR COUNTY SHOWS ROLAND BOARD INC. WAS INCORPORATED JANUARY 15 2021. TAX RECORD FOR THE MUNICIPALITY , AND THE MUNICIPAL UTILITY RECORDS AND ACTIVE SINCE MAY 14TH 2021.

THIS IS A PUBLIC NOTICE THAT WAS POSTED ON THE STRUCTURE FOR TODAY'S HEARING. THIS IS THE FRONT EASTSIDE OF THE STRUCTURE THE REAR WEST SIDE OF THE STRUCTURE THE NORTH SIDE AND THE SOUTH SIDE. THIS IS THE FRONT EASTSIDE OF THE REAR SUBSTRUCTURE . THIS IS THE REAR OF THE SUBSTRUCTURE AFTER WE SECURED IT. THIS IS THE REAR WEST SIDE OF THE SUBSTRUCTURE AFTER WE SECURED IT. THIS IS WHERE THE SUB STATIC CODE VIOLATIONS WERE OBSERVED. INADEQUATE SANITATION, STRUCTURAL HAZARD NUISANCE, SUBSTANDARD ELECTRICAL WIRED AND FAULTY PLUMBING. THESE ARE THE TIERED DILAPIDATION THAT WAS FOUND AROUND THE SUBSTRUCTURE.

>> STRUCTURAL DAMAGE , YOU CAN SEE THE RAFTERS FALLING IN THE REAR OF THE SUBSTRUCTURE. THE CEILING FALLING DOWN IN THE REAR OF THE SUBSTRUCTURE. DILAPIDATION IN THE REAR.

>> INADEQUATE CENTER STATION ON THE MAIN STRUCTURE.

>> MORE INADEQUATE SANITATION , RODENT FECAL MATTER, TRASH, STRUCTURAL HAZARDS , STRUCTURAL HAZARDS IN THE REAR SUBSTRUCTURE. NUISANCE OF TRASH LEFT THE UTILITY SERVICE

[00:45:15]

>> VIGOROUS CIGARETTE BUTTS ON THE WOODEN FLOOR, HAZARDOUS ELECTRICAL WIRING DEGRADED WIRING THROUGH TO THE WOOD.

>> OUTLINE OF EVENTS, NOVEMBER 21ST, 2022, WAS BROUGHT TO THE ATTENTION BY APD, APD ADVICE OF HER UNSECURED STRUCTURE OCCUPIED BY VAGRANTS, THAT APPEARED TO BE STEALING UTILITY SERVICES, AND WE FOUND THAT. OCTOBER 23RD OF 2022, WE EXPECTED THE PROPERTY, THE MAIN STRUCTURE AS WELL AS SECONDARY DWELLING UNIT IN THE REAR. WE FOUND THE SUBJECT LIVING IN THE REAR UNIT AND FOUND A EXTENSION CORD RUN TO THE PROPERTY NEXT DOOR AND FOUND DEPLORABLE CONDITIONS THROUGHOUT THE PROPERTY. THERE WAS A CONDONATION POSTED ON BOTH STRUCTURES ON THAT DAY. OCTOBER 24TH OF 2022 WE FILED AN OP DAVID OF CONDEMNATION. OCTOBER 26 OF 2022, WE INSPECTED THE PROPERTY IN PREPARATION FOR SECUREMENT.

DURING THIS INSPECTION A BURNING ORDER WAS DETECTED BY TWO CORDED OFFICERS, THERE WERE TWO VAGRANTS COOKING ON THE FLOOR THE SECONDARY DWELLING UNITS. A TOTAL OF THREE BURN PITS WERE FOUND INSIDE THE UNIT AND ONE ON THE OUTSIDE OF THE UNIT. ON THIS DAY THE CITY COMPLETED AN EMERGENCY SECURE.

NOVEMBER 10, 2022, THE NOTICE OF CONDEMNATION AND 30/60 WERE SENT BY REGULAR AND CERTIFIED MAIL TO THE PROPERTY OWNER.

NOTICE OF JANUARY ABORTIVE HEARING WAS SENT TO THE PROPERTY OWNER BY REGULAR AND CERTIFIED MAIL NOTIFIED OF THE HEARING ON STRUCTURES TODAY. SENT NOTICE OF CONDEMNATION IN THE NOTICE OF BOARD HEARING TO THE FIRST NATIONAL BANK PAIRED.

BANK WAS LISTED ON THE DEED OF TRUST SINCE 1999 AND SPOKE TO THE BANK REPRESENTATIVE BY PHONE AND SAID THEY DID NOT HAVE A LIEN ON THE PROPERTY BUT WILL CHECK AND GET BACK TO ME.

THEY WERE INFORMED BY PHONE AND CONDEMNATION AND HEARING WAS

DONE . >> DID THE BANK GET BACK TO

YOU? >> THEY DID NOT.

>> ANY OTHER QUESTIONS FOR MR. MARSH?

>> MR. MARSH, DID THEY CLEAN UP THE YARD OUTSIDE?

>> NO. THE ONLY THING ANYBODY DEAD WAS SECURE ALL STRUCTURES.

>> THE VAGRANTS CAN'T GET IN ?

>> THEY HAVE TRIED, WE HAVE BEEN BACK SEVERAL TIMES TO

CHECK AND THEY HAVE NOT. >> ANY OTHER QUESTIONS FOR MR.

MARSH? >> FOR MY OWN INFORMATION , YOU INDICATED BACK ON THE SECRETARY OF STATE, THAT THE OWNER FOR FRED. AS OF ONE, 21? WE PULL THAT BACKUP PLEASE, JUST WANT TO MAKE SURE THAT I UNDERSTAND WHAT THAT MEANS.

>> IT'S NOT AN ACTIVE CORPORATION THROUGH LLC,

CURRENTLY. >> OKAY, IS THAT WHY THE FIRST BANK BAIRD IS NOW SHOWN AS A LIEN HOLDER?

>> THAT DOES NOT HAVE ANYTHING TO DO WITH THE BANK, THEY HAVE A LIEN FROM 1999, AND THEY HAVEN'T FILED A RELEASE IT, SO THEY ARE TRIED TO FIGURE THAT OUT.

>> WHEN YOU FORFEIT YOUR CORPORATION,

. >> SO THE INDIVIDUAL WOULD

STILL BE THE OWNER, THEN? >> OKAY.

>> SOCIO-LEGAL TO DO BUSINESS UNDER THE CORPORATION.

>> SO HE DEFECTED OWNERSHIP, PER SE.

>> OKAY. >> ANY MORE QUESTIONS FOR MR. MARSH. THANK YOU, MR. MARSH. AT THIS TIME I WILL OPEN PUBLIC

[00:50:08]

RECORD. >>

>> GOOD MORNING, MY NAME IS ROLAND BORDEN. I WOULD LIKE TO ADDRESS THE BOARD ACCORDING TO THIS, SO IT'S CLEAR WHAT'S TAKING PLACE ON THIS PROPERTY. MY INTEREST IS TRYING TO HELP PEOPLE, BUT IT'S FAULTING IT WAS A THREE-BEDROOM HOUSE IN TWO BEDROOMS THAT I PUT THESE PEOPLE AND THAT REALLY I'VE KNOWN MOST ALL OF HER LIFE COME IS A GENTLEMAN AND HIS BROTHER, THEY WORKED FOR MY SON. IN THE MEANTIME, THEY MOVED IN ANOTHER PERSON I DIDN'T KNOW, AND HIS GIRLFRIEND INTO THEIR BEDROOMS. THEY WERE ABLE TO PAY VERY LITTLE MONEY AND STUFF, SO FINALLY I GOT TO A TIME WHERE I HAD TO TELL THEM IT WAS WORKING TO GET THEM TO MOVE OUT.

>> THE THIRD PARTY WHICH WASN'T AWARE OF, THEY WOULD NOT MOVE OUT. THEY WOULD NOT GO OUT, AND THE CONSEQUENCES WERE FILLING THE HOUSE PRETTY FULL OF STUFF THAT THEY COLLECTED FROM WHENEVER. SO I HAD TO GO TO THE CITY, AND HAD TO GO TO THE COURT, AND HAD TO SPEND MONEY TO GET THEM REMOVED DURING ALL THIS COVID-19 TIME AND STUFF. AND FINALLY AFTER GOING TO COURT AND GETTING THEM REMOVED, I DO SPEND MONEY AND GET TO 40 FOOT CONTAINERS, AND FILL THOSE CONTAINERS FULL OF TRASH THAT WAS IN THE HOUSE AND STUFF. I WOULD JUST LIKE TO BRING TO THE BOARD TO TEACH IT THAT I AM NOT A YOUNG WHIPPERSNAPPER, AND I LIVE ON SOCIAL SECURITY, SO I HAVE TO DO THIS STUFF, BUT A LOT OF TIME PEOPLE TURN AROUND AND BITE YOU. I'M NOT SAYING THAT I WOULD STILL HELP PEOPLE, BUT IT DOESN'T ALWAYS TURN OUT WELL. BUT IN THIS SITUATION WHAT I'VE ELECTED TO DO IS, I'VE GOT A WRITTEN CONTRACT SIGNED AND SOLD THE PROPERTY AS OF LAST WEEKEND. THEY ARE GOING TO COME IN , THEY'RE WELL AWARE AS AS IS AND THAT IS IS CONDEMNED TO COME IN AND BRING IT UP TO CODE, AND RAN IT FOR ROOM AND BOARD, MANAGE IT OUT AND MAKES MONEY, TRY TO MAKE SOME MONEY.

>> SO THE PROPERTY WAS SOLD LAST WEEK.

>> THAT'S RIGHT. >> DID YOU FILE WITH THE COUNTY CLERK'S OFFICE. IT HASN'T BEEN FILED, IT WAS JUST DONE LAST WEEK, AND I HAD TO MAKE THE TERMS WITH THE COMPANY, BUT I HAVEN'T GONE DOWN AND FILED YET.

>> BUT YOU WILL DEFINITELY FILE?

>> YES. THEY ARE AWARE OF THE SITUATION, YOU KNOW THE PROPERTY IS GOING TO BRING BE BROUGHT UP SO THEY CAN RENT THE HOUSE, SO THEY'RE GOING TO DO THE INSPECTIONS AND WHATEVER NEEDS TO BE DONE TO GET IT TO CODE.

>> ANY QUESTIONS FOR MR. BORDEN?

>> THANK YOU, MR. BORDEN. >> ANY OTHERS WISHING TO SPEAK TO THIS CASE, PLEASE STEP FORWARD AND STATE YOUR NAME AND

ADDRESS FOR THE RECORD. >> SING NO ONE, I'LL CLOSE THE PUBLIC HEARING ON CASE 22 DESS 00 320. PERHAPS WE SHOULD TABLE LISTS. SWEEP I THINK WE SHOULD TABLE IT TO SEE WHAT THE NEW BUYERS WILL DO. I MAKE A MOTION THAT WE DO TABLE IT TO

GIVE THEM TIME. >> SO WE WOULD SEND THIS BACK IN 60 DAYS, IS THAT RIGHT MR. MARSH ? THAT WILL GIVE THEM A LITTLE BIT MORE TIME TO SEE IF THERE'S A SEMBLANCE OF ACTION.

>> MOTION BY MR. ALL READ THAT THAT WE TABLE THIS. SECOND.

>> SECOND BY MR. MC BREYER. >> WE CAN ONLY TABLE UNTIL THE NEXT MEETING, SAT RIGHT THANK YOU?

>> THAT IS CORRECT. >> SO WE WILL SEE THIS IN 30 DAYS? IS THAT RIGHT MR. SMITH?

>> YES, IF IT'S JUST A TABLE, THAT'S THE NEXT 30 DAYS. AND THIS IS THE NOTICE TO THE PROPERTY OWNERS FOR THIS

MEETING. >> 30 DAYS , YOU SHOULD BE ABLE TO HAVE SOME PROGRESS ON CLEANING THE PLACE UP, AT LEAST

[00:55:05]

IN 30 DAYS. >> TABLED FOR FURTHER

DISCUSSION, IS THERE A SECOND? >>

>> ROLL CALL, PLEASE. >> MOTION PASSED , AND UNANIMOUSLY .

>> THAT COMPLETES OUR AGENDA FOR THE DAY. I WOULD LIKE PERHAPS MR. DUGGER TO INTRODUCE HIM FOR THE BOARD . MY NAME IS WILL DUGGER, AND I DIDN'T HEAR FOR 20 YEARS, THE PRINCIPAL AT JACOB AND MARKET, ARCHITECTURE. I'M NEITHER AN ARCHITECT OR ENGINEER. BUT I AM THE BUSINESS CFO . AND I'M

GLAD TO BE HERE. >> THANK YOU.

>> IT'S A GOOD BOARD. >> THANK YOU. I APPRECIATE YOU

AGREEING TO SERVE. >>

* This transcript was compiled from uncorrected Closed Captioning.