Loading...
HomeMy WebLinkAbout02042010 BSC Agenda Item 3 i i STAFF REPORT Business of the Building and Standards Commission City of West University Place, Texas AGENDA OF: January 7, 2010 TABLED DOCKET NO.: 10-01 February 4, 2010 DEPARTMENT OF ORGIN: Development DATE SUBMITTED: December 22, 2009 Services PREPARED BY: John R. Brown, MCP, CFM PRESENTER: Covington Builders. Chief Building Official SUBJECT: Covington Builders occupying STAFF PRESENTER: or allowing the occupancy of houses John R. Brown, MCP, CFM without a Certificate of Occupancy. Chief Building Official Requesting and receiving a Temporary Certificate of Occupancy while not completing conditions under which the Temporary was issued. ATTACHMENTS: E-mail copies STAFF SUMMARY Background: On September 21, 20091 held a meeting with Robert Covington and included Craig Koehl, City Forester, to discuss the outstanding permits listed below and to determine why he had not completed them as required. Several of them Mr. Covington stated he thought he had completed so we ask for proof, which has not been forthcoming. Several were tree dispositions which we discussed allowing Mr. Covington to contact the occupants of these structures and schedule a site inspection by the City Forester, Craig Koehl, to determine if compliance had in fact been achieved. A couple of days later Mr. Covington called me to say he would not be contacting the occupants because if he did they would probably bring a lawsuit against him. As of this date nothing has been completed regarding the list below and all still remain in violation of the city ordinance. On January 25, 2010 I, John R. Brown, e-mailed Mr. Covington with the BSC requirement of verifying, with the city Forester, Craig Koehl, the outstanding issues on the addresses listed below and presenting it to the Commission. Failing to provide verified outstanding issues different from the items shown below, the Commission will accept the city documents as current and correct. Please see e-mail documents on this subject attached. 3902 Browning; Permit #2004-0924, Tree Disposition Permit #2004-1007 All final inspections except the tree final have been approved. The building permit was issued on July 24, 2004 and expired on July 24, 2005. The tree disposition permit was issued on May 10, 2004 and expired on May 10, 2005. The tree final inspection was done on January 13, 2005 and failed because they did not replant enough inches. 1 The permit required 57" replacement plantings and they only planted 9.5". There were also four pine trees missing from the front yard. The re-inspection has never been rescheduled. 3110 Cason; Permit #2003-2329 The permit was issued on February 3, 2004 and expired on February 3, 2005. The final topographical survey and drainage letter have not been submitted - which means the drainage final has not been done. The building final has not been done either. A temporary certificate of occupancy was issued on December 8, 2004 pending the outstanding inspection and expired on January 31. 2005. 2703 Tangley; Permit #2005-0703, Tree Disposition Permit #2005-0652 The final energy conservation inspection was never done. Debbie allowed them to do the building final inspection prior to the final energy conservation inspection report being submitted to the office. Covington stated they would submit it, but never did. The building final was done and approved on May 5, 2006. The tree final inspection also has not been done. The building permit was issued on July 7, 2005 and expired on July 7, 2006. The tree disposition permit was issued on April 14, 2005 and expired on April 14, 2006. 2707 Tangley; Permit #2005-0569, Tree Disposition Permit #2005-0496 The building permit was issued on May 13, 2005 and expired on May 13, 2006. The tree disposition permit was issued on March 22, 2005 and expired on March 22, 2006. The tree final is the only inspection that has not been done. The inspection was scheduled on February 9, 2006 and failed because they did not plant enough replacement inches. They planted (4) 4" trees at 2707 Tangley and (2) 4" trees at 2703 Tangley; they still need to plant eight more inches. The building final was done and approved on January 24, 2006. 4107 Tennyson; Permit #2000-2943, Tree Disposition Permit #2000-2952 The building permit was issued on July 15, 2001 and expired on July 15, 2002. The tree disposition permit was issued on December 27, 2000 and expired on December 27, 2001. The plumbing new water and shower pan inspections were never done, but a plumbing final inspection was done and approved on September 7, 2001. The vacuum breaker inspection has not been done either. The building final was done and approved on September 12, 2001. The tree final inspection was done on September 4, 2001 but it failed because there were not trees planted. The permit required 37.5" replacement plantings. 4125 Tennyson; Permit #2004-1978 The building permit was issued on November 15, 2004 and expired on November 15, 2005. The building final inspection has never been scheduled. 6510 Wake Forest; Permit #2000-1452, Tree Disposition Permit #2000-1010 The building permit was issued on June 21, 2000 and expired on June 21, 2001. The tree disposition permit was issued on May 12, 2000, renewed on October 26, 2001 and expired on October 26, 2002. The drainage letter was never issued which means the drainage final was never done. The tree final inspection was done on November 21, 2201 and did not pass because there 82" required replacement plantings and they only plant 30"; they still need to plant 52". The re-inspection was never rescheduled. A temporary certificate of occupancy was issued on November 30, 2001 pending the outcome of the open inspection. It expired on December 30, 2001. 3512 Albans: Permit # 08-534 (permit issued May 23, 2008 renewed October 22, 2009 C of O issued November 17.2009.) FYI: On October 21, 2009 based on an inquiry from a neighbor as to whether Mr. Covington had a Certificate of Occupancy to live in the structure I determined Mr. Covington was occupying this structure without a Certificate of Occupancy. I requested the Code Enforcement officer, Daniel Paripovich, to issue a citation. 2 i As of October 21, 2009, while already occupying the structure with his family the following inspections were outstanding: Tree final, Final energy conservation report, Fire alarm inspection, Final topographical survey, Drainage letter, Area drain inspection, Drainage final, Electrical final, Mechanical final, Plumbing final and Building final. Code reference: Sec. 18-9. Certificates of occupancy. (a) Generally . A certificate of occupancy is a type of permit. All of the provisions of this chapter pertaining to permits apply with respect to certificates of occupancy, including, without limitation, the provisions relating to temporary or conditional permits and appeals to the BSC. (b) When required . Unless a certificate of occupancy authorizing the conduct in question is in effect (and not revoked, canceled or suspended), it shall be unlawful for any person to: (1) Occupy any new structure; (2) Change the occupancy of any structure, whether by changing ownership, changing tenancy or otherwise (Exception: this paragraph does not apply to single-family detached dwellings); (3) Change the use of any structure; or (4) Otherwise change any place or activity in such a way that there would be a change in the number of off-street parking spaces required by the zoning ordinance. (c) Application; contents . To obtain a certificate of occupancy, a person must apply to the building official. A certificate of occupancy, to be valid, must name a specific person as the holder of the certificate. The certificate shall only authorize that person and that person's spouse, dependents, invitees and licensees to use or occupy the property described. (d) Conditions for issuance . The building official shall not issue a certificate of occupancy unless it appears that there has been substantial compliance with: (1) Permit requirements and conditions (e.g., installation of trees, sidewalks, or other equipment or facilities (2) Requirements for site clean-up; and (3) All other applicable regulations. (e) Supporting certificates . The building official may require the filing of sworn supporting certificates touching upon the matters in this section as a condition of issuing a certificate. The supporting certificates may be required of the proposed certificate holder as well as architects, engineers, contractors and others involved in the work (any or all). (f) Posting . A certificate of occupancy for any nonresidential building shall be continuously posted at a place to which the public has free access (during normal business hours) and such that it is visible from the principal entrance to such building. (Code 2003, § 6.109) Sec. 18-3. Registration of contractors. 3 (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. (b) Application . A person desiring to register as a contractor with the building official must: (1) Fill out and file with the building official the standard contractor's registration form prescribed by the building official (which shall include names, addresses, telephone numbers, driver's license numbers, business structure information, proof of insurance required by this section and other relevant data); (2) Submit a new registration form on or before the tenth day following the day that any of the information in current form changes; and (3) Submit, prior to expiration, proof that each insurance policy in the current registration is duly extended or replaced upon expiration. (c) Insurance coverage . Registrants are required to have and maintain public liability insurance with a combined single limit per occurrence no less than $300,000.00 (or with separate limits each no less than this amount), or higher limits if required by applicable state law. (d) Insurance criteria . All insurance policies must meet all of the criteria regularly required for contractors on city construction jobs (city form C-101, or other standard form, as it may be amended from time to time), except: (1) The city need not be named as an additional insured; and (2) There need not be a waiver of subrogation. 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. (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 buildina violations within any 12-month period. "Building violations" include all violations of this Code arising out of, or relating to, buildina 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 "buildina violations." and this list is not exclusive. (2) The BSC determines that the reaistrant is responsible for any aaaravated violation. a. A building violation is aggravated if: 1. It is committed knowinaly 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. Buildina violations committed by the registrant's officers, aaents, employees or subcontractors; and 2. Building violations occurring in connection with activities under a permit for which the registrant is a germittee. 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. 4 (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. (1) 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) Sec. 18-22. Enforcement of chapter provisions; permittee responsibility. (a) Certain actions . In addition to imposing those penalties by this Code, the city may also enforce the provisions of this chapter in any manner as prescribed or allowed by state law or the zoning ordinance. No enforcement action is a bar to any other, and the city may pursue some or all in any given case. (b) Strict liability; duty of permittees . It is the intent of this Code to impose strict liability upon all persons or entities violating this chapter. Each permittee has a duty to prevent violations of this Code arising out of, or relating to, the permit or activities under that person's permit. (Code 2003, § 6.301) 5 • • Covington Builders Tree Replacement funds owed as of January 4, 2010 3902 Browning has 57" required replacement inches. They planted 9.5". They would owe $5,937.50 if they pay for the outstanding inches. (this permit was given before the rule was changed to have to replace a 4" tree for every ten inches of trees that were removed) 3110 Cason has no outstanding tree issues. 2703 Tangley does not require any replacement tree inches. The tree final just was never scheduled. 2707 Taneley has 31" required replacement inches. They were required to plant (3) 4" trees. They planted all the required 4" trees. They still owe 8". They would owe $1,000 if they pay for the outstanding inches. 4107 Tennyson has 37.5" required replacement inches. No trees were planted. They would owe $4,687.50 if they pay for the outstanding inches. (this permit was given before the rule was changed to have to replace a 4" tree for every ten inches of trees that were removed) 4125 Tennyson has 26.5" required replacement inches. 12" were counted from trees planted at another jobsite. They planted 3.5" and still need 11". They would owe $1,375 if they pay for the outstanding inches. (this permit was given before the rule was changed to have to replace a 4" tree for every ten inches of trees that were removed) 6510 Wakeforest has 82" required replacement inches. They planted 30" and still need 52". They would owe $6,500.00 if they pay for the outstanding inches. (this permit was given before the rule was changed to have to replace a 4" tree for every ten inches of trees that were removed) i i Covington Builders Open Files Summary of Tree Disposition Requirements -1/29/2010 3902 Browning; Tree Disposition Permit #2004-1007 47.5" @ $100 per inch = $4,750 Tree Disposition permitted removal of Pecan and two Sycamores totaling 57" in diameter. 57" in replacement planting required. Tree final inspection completed on 1/13/2005 found 9.5" in replacement to be planted. Visual inspection from street on 1/28/2010 did not find any trees planted on site beyond those documented in the 1/13/2005 inspection. (No right of entry or access to back yard was provided.) A balance of 47.5" remains not accounted for. 2703 Tangley; Tree Disposition Permit #2005-0652 $0 Tree Disposition permitted removal of two Tallow trees with no replacement planting required. No outstanding balance of replacement inches. 2707 Tangley; Tree Disposition Permit #2005-0496 12" @ $125 per inch = $1,500 Tree Disposition permitted removal of 31" Water Oak and 8" Raintree. 31" in replacement planting required, which must include at least three 4" diameter Class 1 or 2 trees. Tree final inspection completed on 1/17/2006 found (2) 4" Live Oaks planted in back yard of 2703 Tangley, (2) 4" Live Oaks in back yard of 2707 Tangley, and (2) 4" Live Oaks in front yard of 2707 Tangley. Notes on inspection report indicate the (2) 4" Live Oaks in front yard at 2707 Tangley were in poor condition at time of planting and were not expected to survive. Visual inspection from street on 1/28/2010 found the (2) 4" Live Oaks in front yard to be missing and did not find any trees planted on site beyond those documented in the 1/17/2006 report. 8" has not been accounted for and 8" of planted trees did not survive, leaving a balance of 16" not accounted for. a a a a A 0 • 4107 Tennyson; Tree Disposition Permit #2000-2952 37.5" @ $100 per inch = $3,750 Tree Disposition permitted removal of a Tallow tree, Crepe Myrtle, American Elm, and two Pecan trees. 37.5" in replacement planting required. Tree final inspection completed on 9/4/2001 found that no replacement trees had been planted. Visual inspection from street on 1/28/2010 did not find any trees planted on site beyond those documented in the 9/4/2001 inspection. (No right of entry or access to back yard was provided.) A balance of 37.5" remains not accounted for. 4125 Tennyson; Tree Disposition Permit #2004-1978 3.5" @ $100 per inch = $350 Tree Disposition permitted removal of Oak, Camphor, and Tallow. 26.5" in replacement planting required. Tree final inspection completed on 5/12/2005 found (3) 4" Live Oaks planted at 4125 Tennyson, (2) 3.5" Willow Oaks at 4123 Milton, and (1) 4" Willow Oak at 4123 Milton. All total 23" planted toward requirements as of 5/12/2005. Visual inspection from street on 1/28/2010 did not find any trees planted on site beyond those documented in the 5/12/2005 inspection. (No right of entry or access to back yard was provided.) A balance of 3.5" remains not accounted for. 6510 Wakeforest• Tree Disposition Permit #2000-1010 44" @ $100 per inch = $4,400 is the balance at the time of planting. See the underlined portion below for current information and growth size. Tree Disposition permitted removal of 23 trees with total replacement requirement of 74". Tree final inspection completed on 11/21/2001 indicated required replacement to be 82". Find no documentation where the replacement requirement increased from 74" to 82". Tree final inspection report from 11/21/2001 indicates that 30" in replacement had been planted. In a visual inspection from the street on 1/28/2010 there were 14 trees in the front yard that appeared to have been planted approximately 9 years ago. They were (7) 8" Live Oaks, (4) 6" Hollies, and (3) 8" Magnolia trees. If it is assumed the 14 trees were the trees that totaled 30" at the time of the 11/21/2001 tree final inspection, then a balance of 44" remains not accounted for. If the diameter of the trees as they are today is used toward the 74" of replacement requirements a total of 104" has been planted and there is not a balance unaccounted for. N a a a 0. Covington Builders Open Files Tree Disposition Requirements for 6501 Westchester & 3812 Southwestern - 2/4/2010 3812 Southwestern Tree Disposition permitted removal of Pecan, Magnolia, and Raintree. 29" in replacement planting required. In a visual inspection from the street on 2/4/2010 there were 3 trees in the front yard that appeared to have been planted approximately 9 years ago. They were 8" Water Oak, 4" Riverbirch, and 3" Cherrylaurel. No tree final inspection has been completed. If the diameter of the trees as they are today is used toward the 29" of replacement requirements a total of 15" has been planted and a balance of 14" is unaccounted for. 6501 Westchester Tree Disposition permitted removal of Pecan, Crepe Myrtle, and Elm. 25" in replacement planting required. Tree final inspection failed on October 26, 2004 because no qualified trees had been planted. In a visual inspection from the street on 2/4/2010 there were 7 trees in the front yard that appeared to have been planted approximately 6 years ago. They were 3" Mexican Plum, 3" Blueberry tree, 3" Holly, 3" Holly, 2"Juniper, 4" Water Oak, and 5" Wax Myrtle. If the diameter of the trees as they are today is used toward the 25" of replacement requirements ,_a total of 23" has been planted and a balance of 2" is unaccounted for. a a a a