02-25-2010 (Construction Code) Minutes Construction Code Board
CITY OF WYL,IE
Minutes
Construction Code Board
Thursday, February 25, 2010— 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 7:07 p.m. with the following
Construction Code Board Members present: Ronald Hauck, Allen Morris, Zachary Herrera,
Brian Parten, Billy McClendon, Sunil Verma, David Williams.
Staff present were: Building Official, Mike McAnnally; Code Enforcement Officer, Pat Mitchell;
Code Enforcement Officer (Board Secretary), Wendy Young; City Attorney, Claire Swann.
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 January 4, 2010
Construction Code Board meeting.
Board Action
Board Member Billy McClendon made a motion to accept the Minutes, seconded
by Brian Parten. A vote was taken and the motion passed 7-0.
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2. Consider, and act upon, request of a Sign Appeal Hearing from Dr. Thota & Susan
Distelhorst seeking an appeal to sign permit denial through variance to allow offsite
signage by lease agreement with Brookshire's (not currently allowed by Ordinance
#2009-21) and two variances to allow a monument sign within 100 feet of an existing
monument sign. The approval of a variance will allow an off-premise monument sign
and encroachment to two existing signs at 721 S Hwy 78 on Brookshire's property at
701 SHwy78.
Staff Comments
Building Official Mike McAnnally stated that Agenda Item #2 would be
rescheduled at a later date.
3. Consider, and act upon, request of a Sign Appeal Hearing from Pastor Steve Foster of
New Heights Baptist Church, seeking an appeal to sign permit denial through
variance to allow noncompliant monument sign built without a permit at site of new
church at 340 Hooper Rd.
Staff Comments
Building Official Mike McAnnally stated that Agenda Item #3 would be
rescheduled at a later date.
4. Consider, and act upon,the approval of the Emergency Secure at 1533 Daren as per
Ordinance 2008-49 Sec. 22.211(n) (1).
Staff Discussion
Code Enforcement received a complaint on January 13, 2010 that this house
was vacant and the house was left unsecure/open. Code Enforcement arrived
and contacted the Police Department to clear the house before an inspection
was made inside the house. The owner/residents had vacated the property and
did, in fact, leave the house open. The house was boarded up on January 13,
2010.
Board Action
Board Member Billy McClendon made a motion to find that the structure at 1533
Daren constitutes a dangerous structure under Chapter 22 of the Wylie Code of
Ordinances and that the Building Official's securing of the structure was
necessary to prevent the immediate danger to health, life, or safety caused by
the structure, seconded by Allen Morris. A vote was taken and passed 7-0.
5. Hold a public hearing, and consider and act upon, seeking a determination that a
building(s) located at or near 800 Ballard, JM Butler Jr, Lot 10 , 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.
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Staff Discussion
Building Official Mike McAnnally stated that this same Item was brought to the
board back on August 27, 2009. He read the Final Order that was filed on
September 3, 2009 with the Collin County Clerk's office. The owner, Mr. Munley
was not sure at the time whether he was going to sell or repair. The Board gave
him more than ample time to satisfy the Final Order. He stated that he would
present that the time given in the Final Order has lapsed. He read #8 in the Final
Order which states, "Failure to comply with any part of this Final Order shall
result in the Building Official and/or his designee proceeding to demolish the
Structure at the expense of the Interested Parties. After demolition and clean-up,
the City shall invoice the Interested Parties for the costs associated with the
demolition, clean up, and removal of debris. If Interested Parties fail to pay the
invoice, the City shall file a lien against the Property pursuant to Section 22.211
of the Wylie Code of Ordinances.
Board Discussion
Board Member Billy McClendon stated that he remembered Mr. Munley coming
and presenting his case and the Board had been more than lenient with him.
Chairman Ronald Hauck read "Therefore, Under Final Order, At the sole
expense of Interested Parties, the City of Wylie shall demolish the structure and
abate all nuisances, including the storm cellar, accessory structures, and the well
located in the backyard, pursuant to a city-issued demolition permit, clean up the
Property after demolition, and remove all debris to an approved waste site
immediately upon the issuance of this Final Order."
Board Action
The language in the Final Order is satisfied. A motion was made by Allen Morris
and seconded by Board Member Billy McClendon. A vote was taken and the
motion passed 7-0.
6. Hold a public hearing, and consider and act upon, seeking a determination that a
building(s) located at or near 200 S 2nd St, Railroad Wylie, Blk 31, lot 1A 2A 3A,
Acres 0.2580, 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 stated that she has been working this case
since August 3, 2007. The house was monitored and notices of violation were
mailed out between August 2007 and January 2010 concerning public nuisances
and a hole in the roof. There had been numerous photos taken between these
dates, as well. Formal notification and exterior evaluation report for the violation of
Dangerous Building #2008-49 mailed to all parties of interest per the title search.
On January 12, 2010 many violations noted by Code Enforcement, Building
Inspection, Animal Control, also confirming that the water had been shut off due to
nonpayment. The residence did not have gas for over a year per Atmos.
Therefore, requesting a Search Warrant from the Judge due to life safety and
sanitation issues. After interior inspection, numerous life safety issues were noted.
The owner/resident of the property was given a notice to vacate the house within
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72 hours. Ms. Mitchell reported that on January 19, 2010 the electrical service was
.., disconnected and the meter removed by the electric company, TXU. On January
19, 2010, the house was then boarded up by securing all windows and doors.
Ted Bush, speaking on behalf of his sister and as Ms. Reynold's tax preparer. He
stated that he got involved in January when the first notice was sent out. Mr. Bush
said that the descriptions in the letter that was sent out were too vague. He asked
what he was supposed to do to correct something that he did not understand. He
stated the outdoor stove was not connected to the butane tanks but the Dearborn
heater was connected to a butane tank and that was not a very good idea. Bernie
is in the process of cleaning up and she does not have a job and is at the mercy of
other people to get a trailer and a truck. She (Ms. Reynolds) has been trying.
When you have five tons of material to move, it may look like there is no progress.
She (Ms. Reynolds) has been paying on this house for fifteen years, and will have
it paid off in June. He stated that there was no reason to have this house
demolished.
Bernadette Reynolds, residing at 200 S. Second St, Wylie addressed the Board
opposing the demolition of her house. She stated that the issue started when a
tree on the city easement fell through her roof. She worked two jobs just to
purchase building material to fix the roof. The roof was fixed when she got the
notice in August.
Staff/Board Comments
Board Member Allen Morris asked if the house was beyond repair. Building Official
McAnnally reported that was one of the options available to the Construction Code
Board. To try and identify each and every issue, someone will have to test
electrical system, plumbing system. These are things we don't do on a daily basis.
City Attorney Claire Swann stated that the Board is suggesting that we hold this
Item under advisement until the next Construction Code Board Meeting, giving the
owner the option to sell the property, or, giving the owner access to clean the
interior and exterior of the home between the hours of 6AM-9PM, excluding
Sundays. Allowing the boards to be taken off of windows and doors during the day
to provide light inside the house and replacing the boards at night. Also, Ms.
Reynolds and Mr. Bush will sign an agreement that states that they will not hold
the city responsible since boards will be removed during the day. During this time,
the owner of the property must stay in contact with staff.
Board Member Allen Morris stated that the Board will expect a report and the
Board will give her time to investigate options, come back with an action plan and
timeline.
Building Official McAnnally stated that if the boards are released and we are
releasing the property to Ms. Reynolds that no electrical, plumbing, or mechanical
work shall be done with unlicensed contractors.
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Board Action
A motion was made by Billy McClendon, seconded by Brian Paden to allow Ms.
Reynolds access to clean the interior and exterior of the home between the hours
of 6AM-9PM, excluding Sundays. Allowing the boards to be taken off of windows
and doors during the day to provide light inside the house and replacing the boards
at night. Also, Ms. Reynolds and Mr. Bush will sign an agreement that states that
they will not hold the city responsible since boards will be removed during the day.
During this time, the owner of the property must stay in contact with staff. A vote
was taken and the motion passed 7-0.
ADJOURNMENT
With no further business before the Construction Code Board, a motion was made by Ronald
Hauck, seconded by Allen Morris to adjourn the meeting at 8:32 p.m. A vote was taken and the
motion passed 7-0.
Ronald Hauck, Construction Code Board Chairman
SUBMITTED BY:
endy Young, Co s ructio Code Bo d ecretary
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