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Home My WebLink About08072008 BSC Agenda Item 3 0 STAFF REPORT & BUSINESS OF THE BUILDING STANDARDS COMMISSION CITY OF WEST UNIVERSITY PLACE, TEXAS AGENDA OF: August 7, 2008 Docket No. 08-02 DATE SUBMITTED: August 6, 2008 DEPARTMENT OF ORIGIN: Code Enforcement PREPARED BY: D Paripovich, Code Enf. Officer PRESENTER: Judith and Larry McDowell SUBJECT: Request an appeal to the decision of the Code Enforcement Officer to allow additional time to repair or demolish garage structure located at 4144 Coleridge Street. ATTACHMENTS: Application, letter from applicant's attorney, City's informal and formal notice, photographs. STAFF SUMMARY Judith and Larry McDowell are requesting an appeal to overturn the decision of the Code Enforcement Officer to allow additional time to repair or demolish the detached garage structure located at 4144 Coleridge Street. The McDowell's were notified informally on May 1, 2008 (copy of letter attached) and formally on June 11, 2008 (copy of letter attached). A letter dated June 18, 2008 was received requesting a time extension. The applicant was directed to the Building and Standards Commission, since the formal compliance letter had already been sent. The International Property Maintenance Code (IPMC) establishes time lines to come into compliance with the code provisions. Section 302.7 of the IPMC (2003 ed.) requires that all accessory structures, including accessory structures, remain in a state of good repair. The time established to comply is 10 days to apply for a permit and 30 days to finish the work. The time lines are greater for more extensive work. The applicant is requesting that the time they are allowed to repair or demolish the detached garage be extended to November 1, 2008 to apply for a permit and completion of the work by December 31, 2008. Staff can support this request with the proviso that the decision be recorded so that any subsequent property owner is aware of the restriction. Staff also requests that the owner provide verification that the purchaser was furnished a true and correct copy of the formal correction notice at the time of sale. ;Jun 18 2008 5:01PM HP ;ERJET FAX - • f SECHRIST-DUCKE,EvS L L P 770 SOUTH POST O.' K LANE, SUITE 410 HouSTON, Tf-y-,ls 77056 TERRIE L. SECHRIsr, P.C. SARAH A. DucKERs, P.C. Telephone: (713) 395-4200, ext. 102 Telephone: (713) 395-1200, ext 101 Telefax: (713) 39511201 relefmc (713) 3954201 tsechrist(~s-dlawfinn.cenn sdwker-5@gp1.com June 18, 2008 VIA TELEFAX: (713)662-5304 AND EMAIL: dyarigovichCiewestu.org Mr. Daniel J. Paripovich Code Enforcement Officer City of West University Place 3826 Amherst Houston, Texas 77005 Re: 4144 Coleridge Street, Houston, Texas 77005-2724 - Lot 3, Block 19, Colonial Terrace, Section C (the "Property") Dear Mr. Paripovich: As we discussed on the telephone today, we represent Judith and Larry McDowell, the owners of the captioned Property. In response to the Notice of Violation(s) and Order Under the International Property Maintenance Code dated June 11, 2008 (the "Notice"), please be advised that the McDowells are in the process of selling the Property and purchasing other property outside the corporate limits of the City of West University Place (the "City"). The McDowells anticipate that the sale of the Property and their departure from the City will be complete within four to six months from the date of this letter. As we discussed, the proposed purchaser of the Property will demolish all structures on the Property. Because it will be an economic hardship for the McDowells to demolish the garage on the Property prior to the sale of the Property, the McDowells are in the process of tiling an application with the City's Building & Standards Commission (the "City Commission"). In such application, the McDowells will request that the City postpone any action relating to the issues set out in the Notice (i, e., not require the McDowells to apply for any demolition or repair permits by June 22, 2008, not require the McDowells to complete any demolition or repair activities by July 12, 2008, and not impose a per day penalty JLA n 18 2008 5: 01F'M HPOSERJET FAX • Mr. Daniel J. Paripovich June 18, 2008 Page 2 against the McDowells) for at least six (6) months from the date of this letter. It is our understanding that the application to the Commission must be filed by Friday, June 20, 2008, and that the next Commission meeting at which the McDowells' application may be heard is Thursday, August 7, 2008. In addition, please be advised that the McDowells are aware of the provisions of Section 107.5 of the International Property Maintenance Code and understand that prior to the sale of the Property, they must furnish to the purchaser of the Property a true and correct copy of the Notice and furnish to you a notarized statement from the purchaser acknowledging his receipt of the Notice and accepting full, unconditional responsibility for making the corrections or repairs set out in the Notice. Thank you for your professional courtesies in this matter. Should you need additional information regarding the Property and/or the McDowells' request, please do not hesitate to contact the undersigned at (713)395-4200, extension 102. 'ruly yours, e L. Sechrist SechrisWcoowell\Cityl,tr. doe cc: VIA EMAIL: a Petro vn,publiclaw.com Alan Petrov City Attorney City of West University Place, Texas VIA EMAIL: rcrainntexlawpros.com Robert Crane Municipal Court Attorney City of West University Place, Texas Judith and Larry McDowell 4144 Coleridge Street Houston, Texas 77005 r, City of West University Place APPLICATION TO THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") Address of site: 4144 Coleridge Street, Houston, Texas 77005-2724 Legal description of the site: Lot 3, Block 19, Colonial Terrace, Section C Applicant: Judith and Larry McDowell Address: 4144 o eri ge Street, ous on, iexas 77005-27"t4 Contact: Terrie L. Sechrist Phone: 713-395-4200, ext. 102 Fax: 713-395-4201 Email Address: tsechrist@s- awfirm. com Decision or Action Requested (check one or more and provide requested data): (X4 Appeal. Hear and decide an appeal from an order, requirement, decision or determination made by the building official (or other administrative official) of the Cityy. • Name and title of the administrative official: Daniel J. Paripovich, Code Enforcement Officer • Is the official's action in writing? (x)Yes; (x copy is attached. ( )No, but the action appealed is as follows: • When was the action taken?6/ 11/0$,tote: Appeals must be filed within a reasonable time. Please explain any delay below: • Exact code of ordinance section (s) involved: Section 302.7, International Property • Grounds for appeal: / Maintenance C,oodd~e/ See attached Te ( ) Special Exception. • Exact code of ordinance section that authorizes the special exception: • Exact wording of special exception requested: ( ) Variance. • Exact code of ordinance section from which a variance is requested: • Exact wording of variance requested: Other Data. Are there drawings or other data? (x )No ( )Yes (list items here and attach them) n ~ r ~ 7 Signature of applica Date: ( U(-4, For Staff Use only Date filed: Date heard: U Docket#: Form BSC-102 f The City of West University Place A Neighborhood City May 1, 2008 Judith McDowell 4144 Coleridge St. Houston, Texas 77005-2724 Sent via c.m.r.r.r.# 7004 1160 0001 7993 9791 Judith McDowell, This letter is to notify you of a complaint regarding the property at 4144 Coleridge St. Specifically, the garage appears to be in a state of disrepair (covered with a tarp), and there are numerous cats that are proliferating and spreading to adjoining properties. Please take immediate action to correct these issues to avoid further action by the City. Thank you for your cooperation. If you have any questions or require further information, please contact Daniel J. Paripovich at 713.662.5831. Sincerely, Daniel J. Paripovich Code Enforcement Officer City of West University Place c.c.: complainant f APPLICATION OF JUDITH AND LARRY MCDOWELL TO THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS Grounds for appeal: Section 107.2(4) provides that that a property owner shall be allowed a "reasonable time to make repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code." Although a tarp is covering a portion of the garage roof, it is not noticeably visible from the street and is not otherwise obtrusive or offensive. The McDowells are in the process of selling 4144 Coleridge Street, Houston, Texas 77005-2724 (the "Property") and purchasing other property outside the corporate limits of the City of West University Place (the "City"). The McDowells anticipate that the sale of the Property and their departure from the City will be complete no later than December 31, 2008. It will be an economic hardship for the McDowells to demolish the garage on the Property prior to the sale of the Property. The McDowells will comply with the provisions of Section 107.5 of the International Property Maintenance Code and, prior to the sale of the Property, furnish to the purchaser of the Property a true and correct copy of the Notice of Violation(s) and Order Under the International Property Maintenance Code (the "Notice") and furnish to the City with a notarized statement from the purchaser acknowledging his receipt of the Notice and accepting full, unconditional responsibility for making the corrections or repairs set out in the Notice. Given the facts and circumstances of this case, a ten (10) day time frame to obtain a permit to repair the roof of the garage on the Property and a thirty (30) day time frame to complete the roof repairs are not reasonable. Therefore, the McDowells respectfully request that the City's Building and Standards Commission not require that any demolition or repair permits for the garage on the Property be obtained until November 1, 2008, not require that any such demolition or repair activities be completed until December 31, 2008, and not impose a per day penalty against the Property until January 1, 2009. Form BSC-108(12-06) Building Division, Department of Public Works City of West University Place, Texas NOTICE OF VIOLATION(S) AND ORDER UNDER THE INTERNATIONAL PROPERTY MAINTENANCE CODE TO: Each person owning, occupying, using or controlling the property described below, including any dwelling units or structures on such property ("Property"): Address: 4144 COLERIDGE ST., HOUSTON, TX., 77005-2724 Legal Description: LT 3 BLK 19 COLONIAL TERRACE SEC C Statement of Violations. You are hereby notified that the Building Official of the City of West University Place, Texas ("City") has grounds to believe that one or more violations of International Property Maintenance Code (adopted as part of the Code of Ordinances of the City and referred to as the "IMPC") have occurred upon the Property, as follows:' International Property Maintenance Apparent violation Code Section Number 302.7 Accessory structure in state ofdisrepair Why Notice Is Being Issued. This notice is bring issued to provide you an opportunity to make repairs and improvements to bring the Property into compliance with the IMPC and correct the apparent violations described above. Correction Order. You are ordered to make repairs and improvements to bring the Property into compliance with the IMPC and correct the apparent violations described above. You are allowed (10) calendar days to apply for any necessary permits for the repairs and improvements and_(30)-calendar days (total) to complete all such repairs and improvements. These time periods both begin on the date you are first served with this notice. Further Proceedings. Section 106 of the IIv1PC provides for prosecution of violations (which are Class C misdemeanors), penalties for violations and abatement of violations. Section 106.5 also provides: "Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate." In addition, Chapter 54 of the Texas Local Government Code allows the Building & Standards Commission (`BSC") of the City to impose civil penalties if, after notice, a defendant commits acts in violation of certain health or safety ordinances or fails to take action necessary ii for compliance with the ordinances. Such civil penalties may not exceed $1,000 per day for a violation. Other remedies may also be available to the City. Transfer of Ownership, Mortgages, Leases, Etc. Section 107.5 of the IMPC provides that it shall be unlawful for the owner of a dwelling or structure who has received a compliance order (or who has been served with a notice of violations) to "sell, transfer; mortgage, lease, or otherwise dispose of such property until the order or notice has been complied with. In the alternative, Section 107.5 provides for written assumption of responsibility by the grantee, transferee, mortgagee or lessee. Right to Appeal. You have the right to appeal any provision mentioned above, including the order to make repairs and improvements and the time periods allowed. Appeals are heard by the BSC. The BSC has the authority to reverse, affirm, modify or remand decisions of the Building Official. The BSC also has the authority to make interpretations of the. IMPC and'to issue variances. See Chapter 18 of the Code of Ordinances of the City. Requests for appeals, variances or interpretations should be made in writing and delivered to the Building Official at the address shown below. Copies of the BSC's rules of procedure-which include deadlines for filing-are available from the Bull ng Official at the address shown below. SIGNED AND ISSUED: - Date: 06/11/2048 Name: Daniel Y. ich Title: Code Enforcement Officer. . 3826 Amhe ouston, Texas 77005 Email: Dparipovich@WestU.Org Fax: (713) 662-5304 THE STATE OF TEXAS § COUNTY OF HARRIS § The foregoing Application to the Building and Standards Commission of the City of West University Place, Texas, was acknowledged before me on the 20th day of June., 2008, by Judith McDowell and Larry McDowell. _ Notary Public, State of Texas TERRIE L. SECHRIST Rtaq ~,~pli ate of Texas (I A"t4vttj'c 1 i Expires October 1 4, 2011 Print Details 1 Page 1 of 2 HARRIS COUNTY APPRAISAL DISTRICT Tax Year: 2008 REAL PROPERTY ACCOUNT INFORMATION 0600360190003 Owner and Property Information Owner Name & MC DOWELL JUDITH Legal Description: LT 3 BLK 19 Mailing Address: 4144 COLERIDGE ST COLONIAL TERRACE SEC C HOUSTON TX 77005-2724 Property Address: 4144 COLERIDGE ST HOUSTON TX 77005 State Class Code Land Use Code Land Total Living Neighborhood Map Key Area Area Facet Mapg Al Real, Residential, Single- 1001 Residential 6,600 SF 1,594 SF 7440 5255A 532A Family Improved Value Status Information Capped Account Value Status Notice Date Shared CAD Yes Noticed 3/31/2008 No Exemptions and Jurisdictions Exemption Type Districts Jurisdictions ARB Status 2007 Rate 2008 Rate Residential Homestead 001 HOUSTON ISD Not Certified 1.15670 040 HARRIS COUNTY Not Certified 0.39239 041 HARRIS CO FLOOD CNTRL Not Certified 0.03106 i 042 PORT OF HOUSTON AUTHY Not Certified 0.0t", 043 HARRIS CO HOSP DIST Not Certified 0.19216 044 HARRIS CO EDUC DEPT Not Certified 0.00585 048 HOU COMMUNITY COLLEGE Not Certified 0.09243 085 WEST UNIVERSITY PLACE Not Certified 0.36600 Valuations 2007 Value 2008 Value Market Appraised Market Appraised Land 348,000 Land 394,400 Improvement 26,048 Improvement 26,793 Total 374,048 276,981 Total 421,193 304,679 Land Market Value Land Line Description Site Unit Units Size Site Appr O/R Appr O/R Total Unit Adj Unit Adj Code Type Factor Factor Factor Reason Adj Price Price Value 1 1001 Res Imprvd Table Val SF1 SF 5,000 1.00 1.00 1.00 1.00 $68.00 $68.00 $340,000 2 1001 Res Imprvd Table Val SF3 SF 1,600 1.00 0.50 1.00 0.50 $68.00 $34.00 $54,400 Building Building Year Built Type Style Quality Impr Sq Ft Building Details 1 1945 Residential Single Family Residential 1 Family Average 1,594 * Displayed * All HCAD residential building measurements are done from the exterior, with individual measurements rounded to the closest foot. This measurement includes all closet space, hallways, and interior staircases. Attached garages are not included in the square footage of living area, but valued separately. Living area above attached garages is included in the square footage living area of the dwelling. Living area above detached garages is not included in the square footage living area of the dwelling but is valued separately. This method is used on all residential properties in Harris County to ensure the uniformity of square footage of living area measurements district-wide. There can be a reasonable variance between the HCAD square footage and your square footage measurement, especially if your square footage measurement was an interior measurement or an exterior measurement to the inch. Building Details (1) Building Data Building Areas llttp://www.hcad.org/records/Pn' nt.asp?taxyear=2008&acct=0600360190003&card=l &bl... 06/20/2008 Print Details Page 2 of 2 Element Detail Description Area Cost and Design Econ Misimprovement BASE AREA PRI 1,181 Cond / Desir / Util Poor ATTIC FINISHED 413 Foundation Type Crawl Space Grade Adjustment C Building Features Heating / AC None Description Units Physical Condition Fair Frame Detached Garage 1 Exterior Wall Asbestos Element Units Room: Total 6 Room: Rec 1 Room: Full Bath 1 Room: Bedroom 2 http:. /www.hcad.org/records/Print.asp?taxyear=2008&acct=0600360190003&card=l &bl... 06/20/2008 ~ s -ty of Wes C'Universi ty Place f L23 I I A Veighborhood City FIecycled Paper NOTICE OF BUILDING AND STANDARDS COMMISSION HEARING The Building and Standards Commission ("BSC") of the Cit of West University Place, Texas ("City") will hold a public hearing in the Bill Watson Conference Room of the municipal building, 3800 University Boulevard, City of West University Place, Texas 77005, during a meeting set to begin at 6:00 p.m. on August 7, 2008. The purpose of the hearing is to provide an opportunity for all persons to be heard in relation to the following matter: Address of the site: 4144 Coleridge Street Legal description o the site: Lot 3 Block 19 Colonial Terrace Section C Docket No.: 08-02 Applicant: Judith and Larry McDowell Action Requested: Applicant requests reversal of a decision of the code enforcement officer to allow an extension to the time limits given to repair and improve a detached garage. The applicant requests to extend the time limits through December 31, 2008. Applicable regulations include the International Property Maintenance Code and the City's Development Regulations, Texas Local Government Code and the rules of the BSC. Additional details on such matters, as well as the applicable regulations are available for public inspection in the Public Works Center, 3826 Amherst, West University Place, 77005. Any person interested in such matters should attend the hearing. If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the Development Services Office at 713-662-5834 in advance of the meeting. Reasonable accommodations will be made to assist your participation in the meeting. The Municipal Building is wheelchair accessible from the west entrance and specially marked parking spaces are available in the southwest parking area. ,I ll.) ( rl _ . c'b,l 111 ~ _.-1 It _'YiIC~ rr",1Cc:, i_.,iJ s`tj5--;`+l r ei-.i;.>~+r-~ • _s,'. l mod'"' at, Aff 10 "K 1, d11G4` - ~ ~P 5 ,pp~r -xµ. A{4~ t{l~"1}y'8e 7' yy Z t '1 r tEI ~ Y '4" T I ic-l AQ, I ;l 5 ~ ~ 7t, ,rya ~ z~' ji• t ~ s ~ '~F f , t5 E'PO.,..t aia me+. ~ w.~t~' x p ~ ~~tr ~ it ~ ~ ■ ! ~ max, '~s ~ q- • t n y~ 7WW 4AW r 4 m; t - > E Esc "1 5.,.- t 4P& w i F l ~ ~ y ,rv ~Lt e3 i y F. - ~r y 3i • Page 1 of 1 Josie Orosco From: Daniel Paripovich Sent: Thursday, August 07, 2008 10:57 AM To: Debbie Scarcella Cc: Josie Orosco Subject: FW: Complaint From: Richard Dale [mailto:rdale@tmrx.com] Sent: Thursday, August 07, 2008 10:49 AM To: Daniel Paripovich Subject: Complaint Daniel, We are the individuals that made the complaint regarding the garage, and the December date is okay for us. Sincerely, Richard & Ann Dale 08/07/2008