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02-26-2009 (Construction Code) Minutes Construction Code Board CITY OF WYLIE Minutes Construction Code Board Thursday, February 26, 2009 — 7:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Chairman, Ronald Hauck called the meeting to order at 7:06 p.m. with the following Construction Code Board Members present: Ronald Hauck, Frank Spingola, Allen Morris, Zachary Herrera, Brian Parten, Bryan Rogers, Lisa Palomba. Staff present were: Building Official, Mike McAnnally; Code Enforcement Officer, Pat Mitchell; Board Secretary, Wendy Young; City Attorney, Claire Swann, and various support staff. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Construction Code Board regarding an item that is not listed on the Agenda. Residents must provide their name and address. Construction Code Board requests that comments be limited to three (3)minutes. In addition, Construction Code Board is not allowed to converse, deliberate or take action on any matter presented during citizen participation. There were no citizens present to address the Construction Code Board during Citizens' Comments. BUSINESS ITEMS 1. Consider, and act upon, approving the Minutes from the February 5, 2009 Construction Code Board meeting. Board Action A nomination was made by Allen Morris to approve the minutes as submitted. Board member Bryan Rogers seconded the motion. A vote was taken and a motion passed 7-0. Minutes—February 26, 2009 Construction Code Board Pagel 2. Hold a public hearing, and consider and act upon, seeking a determination that a building(s) located at or near 206 Jackson Circle, Southside Lot 27, & w % of 28, acres 0.2410, Wylie, Collin County, Texas, is in violation of standards set out in Ordinance 2008- 49, DANGEROUS BUILDINGS of the City of Wylie, Texas; and, seeking an order that the building be vacated, secured, removed, or demolished. Staff Comments Code Enforcement Officer Pat Mitchell addressed the Board and stated her license number 3763. She stated that this owner had not complied with a high grass issue in 2007, an administrative search warrant was issued and signed by Judge Douglas. Code Enforcement, Police Department, Animal Control and the mowing contractor had to go onto the premises and remediate the high grass violation. In January 2008, a complaint was received about the condition of the home. Citizens thought it was an eyesore to the community. They were also concerned about the structure that is in the tree that had appeared to have killed the tree. On January 15, 2008 pictures were taken of the exterior of the house. The house was in violation of the Property Maintenance Code. On February 11, 2008 a notice of abatement was sent to Louis Cortez and was sent by certified and first class mail. On February 27, 2008 a notice of sub-standard structure was posted on the house, as well as an abatement notice. She had several conversations with Mr. Cortez about the house and it's condition. He stated he wanted to have the house demolished. Pat Mitchell stated from February 2008 to October 2008, all processes were stopped due to the fact that a Building Official was not on staff. When the Building Official was hired, Mike McAnnally immediately started re-vamping the new Dangerous Building Ordinance #2008-49. At this time, the process started over because of the new ordinance. The process had started over in order to comply with the new Ordinance #208-49. On December 4, 2008 a title search was conducted. From this time forward, any notices that were sent were sent to all parties of interest. On December 19, 2008 a 30-day notice was sent to all parties of interest about the residence. She added that there had been no water on at this house since 2007. On January 8, 2009 the Code Enforcement Officer met with the Police Department and a contractor to have the house secured and boarded up. On February 10, 2009 a Construction Code Board notice was sent to all parties of interest. On February 11, 2009 a notice of public hearing was posted in the Wylie Newspaper. Louis Cortez called her on February 24, 2009 and stated that he was in the hospital and his main interest was to tear down this house himself. She explained to him that he would have 30 days after this public hearing to have the house taken down. She stated the walls in the building were leaning and buckled. The building has severe foundation problems. You can see the foundation problems from the outside and inside. The building has outer openings which the wind and rain would come through. The building is dilapidated, decayed, unsafe, unsanitary and does not have running water. The building does not have proper lighting or sanitation facilities adequate enough to protect any human being. The restroom facilities are out of order. Structurally, the boards are rotted due to water damage. The building appeared to be dangerous to the health, morals, safety, and general welfare to the people of the City. The building is in violation of any provisions of the building code, fire code, or other ordinances of the City and the violation of such nature that the building constitutes a danger to its occupants or to others. The building constitutes a danger to the public because the means utilized to secure the building are not adequate to prevent unauthorized entry. Minutes—February 26, 2009 Construction Code Board Page2 Board Discussion Allen Morris asked if Mr. Cortez was debating about the structure and asking if he would like to keep it. Pat Mitchell stated that he has not debated with her in any way about keeping the structure. Allen Morris asked what the cost would be to tear down this house. Pat Mitchell stated the estimate would be around four thousand dollars. She also stated that the tree was also unsafe and the neighbors were worried about the structure at the house. Brian Parten asked how old the structures were surrounding it. She stated that the houses surrounding this house were older. City Attorney Swann asked Pat Mitchell, in her opinion, did she think the house could be reasonably repaired. Pat Mitchell stated that the cost of repairing the house would be well over the cost of it being torn down. Board Action A motion was made by Board Member Allen Morris and seconded by Board Member Bryan Rogers. The Board having heard and considered the testimonies and available evidence, it is of the opinion that the structure at 206 Jackson Circle is substandard and does constitute a Dangerous Building/Structure within the meaning of Section 22.211 of the Code of Ordinances of the City of Wylie, Texas. The language in the final order is satisfied. A vote was taken and the motion passed 7-0. 3. Hold a public hearing, and consider and act upon, seeking a determination that a building(s) located at or near 100 Fifth St. South, Railroad Wylie, Block 23, Lot 2, acres 0.1920 , Wylie, Collin County, Texas, is in violation of standards set out in Ordinance 2008- 49 DANGEROUS BUILDINGS of the City of Wylie, Texas; and, seeking an order that the building be vacated, secured, removed, or demolished. Staff Comments Code Enforcement Officer Pat Mitchell addressed the Board and stated her license number 3763. She stated that the house at 100 Fifth St was worked for a public nuisance violation. A complaint was received in January 2008 about the condition of the home and the structure itself. There was some concern about the structure. On January 16, 2008 pictures were taken of the exterior of the structure. On February 11, 2008 a notice of abatement letter was mailed to the owner on record. On April 4, 2008 she met with Peggy Henderson and she gave written permission access to the home to conduct an interior inspection. Interior pictures taken found numerous structure damage including; foundation problems, plumbing, electrical, etc. Actions were placed on hold due to not having a Building Official on staff. After Mike McAnnally was hired, the new Ordinance 2008-49 was written. She explained on December 4, 2008 a title search was conducted on this property. There was one daughter listed on the property, Sandra Gray. December 19, 2008 a formal notification of abatement letter was mailed to all parties of interest. The house was also posted as a sub- standard structure on this date. On January 8, 2009 the Code Enforcement Department met with the Police Department at this location and the contractor boarded and secured the house. She stated the heirs of this property wanted to give this property to the city because they didn't want all the problems involved with the property and did not have the money to tear down the house. The building is dilapidated, decayed, unsafe and unsanitary. The structure does not have proper plumbing facilities. The building has parts thereof which are so attached that they may fall and injure members of the public or property. The building is in violation of the building code and the fire code. The building constitutes a danger to the public. Minutes—February 26, 2009 Construction Code Board Page3 Board Action A motion was made by Board Member Allen Morris and seconded by Board Member Frank Spingola. The Board having heard and considered the testimonies and available evidence, it is of the opinion that the structure at 206 Jackson Circle is substandard and does constitute a Dangerous Building/Structure within the meaning of Section 22.211 of the Code of Ordinances of the City of Wylie, Texas. The language in the final order is satisfied. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, directing the Building/Code Enforcement Departments to review, and possibly make improvements to the City of Wylie Food Service Ordinance 1990-25. Staff Comments Mike McAnnally stated that there is an interlocal agreement and contract with the City of Wylie and Collin County Health Department that provides inspection services for our food service establishments. Currently, Collin County Health Department enforces only the minimum state requirements. We are requesting to be allowed to investigate other local jurisdictions and make recommendations to improve and safeguard the general public with regards to food services. Board Discussion Board Member Brian Parten asked what qualifications did the department have to be able to look at the Ordinance and make changes. Mike McAnnally stated that Pat Mitchell worked for another jurisdiction in the Health Department. He explained that he also administered programs on a much larger scale. He explained that Cliff Edwards could only enforce minimum state law. Board Action A motion was made by Board Member Allen Morris and seconded by and seconded by Board Member Frank Spingola to make improvements and review the City of Wylie Food Service Ordinance. 5. Consider, and act upon, an appeal by Mr. Eduardo Churquina of ARCHITEXAS to overturn a decision of the Building Official regarding "Exit" conditions for the proposed New City Hall building at the City of Wylie Municipal Complex located at 200 Country Club Road. Staff Comments Building Official McAnnally stated that Agenda Item #5 requested for their appeal to be withdrawn. ADJOURNMENT Minutes— February 26, 2009 Construction Code Board Page4 With no further business before the Construction Code Board, a motion was made by Allen Morris, seconded by Frank Spingola to adjourn the meeting at 8:13 p.m. A vote was taken and the motion passed 7-0. Ronald Hauck,Construction Code Board Chairman SUBMITTED BY: endy Young,Co tructi n Code and Secretary Minutes—February 26, 2009 Construction Code Board Page5