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HomeMy WebLinkAbout04022009 BSC Agenda Item 3 STAFF REPORT Business of the Building and Standards Commission City of West University Place, Texas AGENDA OF: April 2, 2009 DOCKET NO.: 09-02 DATE SUBMITTED: March 27, 2009 DEPARTMENT OF ORGIN: Development Services PREPARED BY: John R. Brown, MCP Chief Building Official PRESENTER: Mr. Salazar of Complete Care SUBJECT: Contractor working without permits. Contractor not completing work STAFF PRESENTER: and receiving city final approval. John R. Brown, MCP, CFM Chief Building Official ATTACHMENTS: Letter from homeowner, Work proposal and scope of work, list of uncompleted permits. STAFF SUMMARY Background: On or about March 18, 2009 1 received a letter from Mr. and Mrs. Okcu the owners of 6316 Westchester in the city of West University Place. The letter included a scope of work along with a cost proposal. Items 1, 2, 4, and 5 on this proposal require permits from the city prior to any work commencing. Plans should have been submitted for review as well prior to issuance of any permits. Mr. Salazar has been performing work in the city for several years and is aware of what requires permitting. Mr. Salazar currently has a valid building permit for a two story garage with a room above at 5612 Mercer with a valid electrical and mechanical permit however he does not have a plumbing permit and the attached pictures show plumbing work being performed and a valid permit for an addition for quarters above an existing garage at 3909 Villanova. Action request: Please review the information provided. I would like the contractor to explain to the Commission why he did not obtain the required permits for 6316 Westchester and 5612 Mercer. Our code requires that upon three violations within a 12 month period his contractors' registration can be suspended. This builder also has 14 building permits and 5 tree permits still open and all have expired dating back to 2002. Code reference: Sec. 18-2. Permits. 1 0 0 (a) Permits, when required . Except to the extent expressly authorized by an effective permit issued by the building official, it shall be unlawful for any person to: (1) Erect, move, improve, remove, construct, enlarge, repair, convert, demolish or alter any structure; (2) Engage in any grade raising; (3) Engage in any pre-development activity; or (4) Cause or allow any such activity at a place the person owns or controls. (b) When effective . A permit is effective only if it has been duly issued in accordance with this Code and has not: (1) Expired; (2) Been revoked; or (3) Been suspended. (c) Certain defenses . It is an affirmative defense to prosecution under this section that: (1) The work in question consists of nothing more than ordinary maintenance activities on private property, such as painting or wall papering; (2) In the case of roof repair or replacement, the area of roof affected is less than 200 square feet; (3) In the case of a fence, the work consists of repairs affecting not more than ten feet of the fence on the owner's property, and there is no change in location, height or materials; (4) The work involves only an alarm system on private property for which a permit is neither allowed nor required by the Private Security Act, V.T.C.A., Occupations Code § 1702.001 et seq., provided that the provisions of this Code applicable to alarm systems are followed; (5) The work includes nothing more than replacing worn-out or obsolete items on private property (other than a roof, a fence or an alarm system), and there is no structural alteration, no new wiring, no work involving concealed plumbing or gas facilities and no potentially dangerous conditions; (6) Another ordinance specifically provides that no permit is required for the activity in question; or (7) In the case of development, the work in question involves an area on private property not larger than ten square feet, and any structures involved are readily moveable at a cost not exceeding $300.00. (Code 2003, § 6.102) Sec. 18-3. Registration of contractors. (a) When required . It shall be unlawful for any person to perform any work for which a permit is required under this chapter (or to offer to perform it) in exchange for money or other substantial consideration, unless such person is registered as a contractor as required by this chapter. It is an affirmative defense that one or more of the following four sets of circumstances is present: (1) The work in question is completely authorized by one or more licenses issued by or under the authority of the city (for example, an electrician's license). (2) The work in question is completely authorized by a license issued by the state (for example, a plumber's license), and the license is registered with the city. (3) The work in question is performed by the owner of the site in question without the involvement of any contractors. (4) The person is a regular employee of a contractor who is registered as required by this subsection and the person does the work (or offers to do it) strictly as a servant or agent of the registered contractor. The building official may require that registrants submit a properly signed city form, or other documents, as proof of insurance. (e) Expiration, etc . A contractor's registration becomes ineffective if: (1) It is not renewed prior to the time that any of the insurance policies mentioned in the registration is reduced, canceled or allowed to expire; or (2) It is suspended. 2 0 0 (f) Suspension . The building official may suspend a registration for failure to maintain required insurance coverage, subject to the same procedures applicable to the revocation of permits. If requested by the building official, and after notice to the registrant and an opportunity for a hearing, the BSC may suspend a registration, if: (1) The BSC determines that the registrant is responsible for three or more building violations within any 12-month period. "Building violations" include all violations of this Code arising out of, or relating to, building or development activity. Violations of the standard codes schedule and violations of chapters 6, 18, 26, 30, 42, 46, 54, 62, 70 and 82, for example, can be "building violations," and this list is not exclusive. (2) The BSC determines that the registrant is responsible for any aggravated violation. a. A building violation is aggravated if: 1. It is committed knowingly or intentionally after a specific warning or admonishment; or 2. It is committed knowingly or intentionally and clearly causes harm to a person or property. b. Registrants are responsible for all of the following: 1 Building violations committed by the registrant's officers agents emaloyees or subcontractors; and 2. Building violations occurring in connection with activities under a permit for which the registrant is a permittee. c. Registrants are not responsible for violations if the registrant demonstrates, as an affirmative defense and by clear and convincing evidence, that the registrant could not reasonably prevent them. (g) Nature of suspension; proof. Suspension is a noncriminal administrative remedy, and registrants are responsible for the indicated violations regardless of whether criminal convictions are, or could be, obtained. However, evidence of a criminal conviction may be used to prove that an indicated violation occurred. The burden is on the building official to prove violations by clear and convincing evidence. Exception: The registrant has the burden on defensive issues. (h) Length of suspension; effect, etc . (1) The suspension period shall be set in proportion to the severity of the violations involved, but an initial suspension may not exceed 90 days. Any subsequent suspension of the same registrant shall be in effect until reinstated. When a registration is suspended, neither the registrant nor any "alter ego entity" is eligible for new permits. (2) The term "alter ego entity" includes: a. Any proprietorship, joint venture or partnership that includes the registrant; b. Any person under common ownership, management or control with the registrant; and c. Any other person acting in concert with the registrant. Any current permits held by a suspended registrant may be revoked or suspended by separate proceedings. (i) Reinstatement after suspension . Upon application by a person with a suspended registration, the BSC may reinstate the registration if either of the following sets of circumstances is present: (1) The applicant demonstrates clearly that the violations causing the revocation or suspension did not, in fact, occur, or that the applicant was not actually responsible for the violations. (2) The applicant has taken effective corrective action and has made all changes necessary to prevent similar violations from occurring in the future. Reinstatement shall be conditioned upon compliance with the then-current application requirements and payment of required fees. (Code 2003, § 6.103) 3 Memorandum To: John R Brown, MCP From: Mehmet Fatih Okcu M FO 6316 Westchester, Houston, TX 77005 Home Phone: 713-666-8231 Cell Phone: 713.498-2712 Email: Okcx@sbcgobal.net Date: 3/16/2009 Re: Remodeling at 3616 Westchester / 77005 Dear Mr. Brown, As we discussed on the phone I am sending this memo to you to summarize the events that happened during the process for the recent remodeling project that we had at our house located on 6316 Westchester Avenue, Houston, TX 7005. We hired Chris Salazar (Complete care Home Improvements) on 10/14/08 for a project involving relocating an AC/Furnace unit from the second floor attic to the 3rd floor attic, expanding the room next to the second floor attic by removing the wall in-between, building a new closet space in the master bedroom and building an office space from a small room attached to the car garage. A copy of the agreement is included with this memo. I specifically asked him to check with the City of West University for the need of a permit prior to starting. Few days later he told me that we did not need a permit for the project. He started to work at our house on 10/20/09. As he was approaching completion of the project one of our AC units failed. I bought a new unit from SEARS and during that buy I learned that they needed a permit to install the new unit. I asked Mr. Salazar then to speak with the City of West University again and bring me a letter stating that we did not needed a permit for the remodeling project. I told him that I will not pay the last payment of $1,000.00 without this document. He completed the project before Christmas. I called and left a message in his cell phone voice mail several times to ask about the permit without any response. In February I contacted the City myself; spoke with you and learned that we indeed needed a permit. I called him and told him about our conversation immediately. He came back on March 3, 2009 and took the measurements to draw the plans for the project to submit for the permit. He told me that he would come back with a City inspector after the Spring Break week. I have lived in Houston since 1992 and lived in the City of West University sip 2002. I have not cone any remodeling in my house and been aware of a need for a permit for a remodeling project.. Retrospectively, I feel partly guilty by busting him and not calling the city in the beginning of the project. At no time I would think about doing sag against the law or city rules, as I have been a legal resident alien in this county and have been working bard as a pedintrie oncologist at Tom Children's Hospital. The main reasons why this happened is my lack of knowledge and mistaken trust in Mr. Salazar. I am ready to do whatever needs to be done to correct the mistake and complete this process lawfully. Please Id me know if you need any other informaticm. Sincerely yours, M. Fatih Okcu 1 COMPLETE CARE HOME 1WROVEMENTS 10423 Ashland Bridge, Sugar Land, Texas 77478 Mr_ and Mrs. Okcu 6316 Westchester Houston, Texas 77055 1) Disconnect plumbing and electrical to areas being worked upon and keeping remaining portion of house continuously active. 2) Removal of existing A/C unit and relocate to other attic. To make ready for remodel. 3) Remove carpet in rooms being worked upon. Install new in entertainment room to match as close as possible. 4) Build new office space at back side of garage and install new door to enter from house and close off other. Install tile or carpet in this area. 5) Build and expand entertainment room to receive window at front of house also install two matching windows in hall. Also build closet wall in back of bed approx 5ft. x 16fr.Also relocate door. 6) Build cabinets in garage as discussed. 7) Paint walls, cabinets and ceiling. Paint to be top of the line Benjamin Moore, Sherwin Williams or I.C.J. . 8) Clean up of all debris during and upon completion of work. 9) Draws will he discussed and agreed upon with homeowner and General Contractor. d§-~Lxj 4L J-00 I ) _ Total amount $25,500.00 + s01~) = -4'2' 6} 006 Acceptance of Proposal s y Su itted fo ILL s~- } €lA~Ft~~ 41 Y S s a, e ry 'tt orlk all F s,r, t~ 73 s ~ i.k~ ~ Y ~ ~;5r}N y^,7F . r, bit 4 ~ ' ~r? r» A. f.. iij: ys ~ .€s r . ~ ~ ~ toss Mt Sn~ ~,v.. in, x a ~j"