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Home My WebLink About11022006 BSC Agenda Item 2 • a STAFF REPORT BUSINESS OF THE BUILDING STANDARDS COMMISSION CITY OF WEST UNIVERSITY PLACE,TEXAS AGENDA OF: October 5, 2006 Docket No. 06-03 DATE SUBMITTED: October 2, 2006 DEPARTMENT OF ORIGIN: Development Services PREPARED BY: D. Scarcella PRESENTER: D. Paripovich, D Scarcella SUBJECT: Request for Reinstatement of Suspended Contractor License (YAGO Homes) Contractor Reinstatement Request Letter; Copies of Chapter 18 regulations; EXHIBITS: Copy of BSC Decision Dated October 5,2006;Chart of Violation Notices since the end of 2004; Copy of e-mail from Public Works Director summarizing conversation of a resident. EXECUTIVE SUMMARY The BSC voted to suspend the contractor registration for YAGO Homes for 60 days on October 5, 2006. A provision was made that the contractor could apply for reinstatement after 30 days if no additional site violations were noted. Section 18-3(i) of the Code of Ordinances allows for the reinstatement of a contractor registration if the registrant applies and complies with section 18- 3(i), items (1) or (2). The contractor believes he has substantially complied with item (2), which states, " The applicant has taken effective corrective action and has made all changes necessary to prevent similar violations from occurring in the future." There have been no additional violation notices issued since representatives of YAGO attended a meeting with the Building Official on September 12, 2006. Attached is a copy of a chart listing all of the notices issued to YAGO Homes since the latter part of 2004. As stated at the last meeting, violation notices are issued as an attempt to gain compliance with the regulations without resorting to additional measures. Staff has requested that Police Sgt. Darrell Blaylock and Code Enforcement Officer Daniel Paripovich attend the meeting. • BUILDINGS AND DEVELOPMENT § 18-4 (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. Reinstate- ment shall be conditioned upon compliance with the then-current application requirements and payment of required fees. (Code 2003, § 6.103) Sec. 18-4. Permit applications. (a) Who must apply. (1) An application for a permit, whether original or renewal, must be made to the building official by the general contractor. (2) Exceptions: a. If there is no general contractor, the application must be made by the owner, lessee or other person controlling the site who is acting as the } general contractor; and b. Applications for permits under specific ordinances requiring a specially licensed or regulated person to perform the work (e.g., plumber, electri- cian, HVAC, street facilities, etc.) must be made by the licensed person. (b) Contents. The building official shall prescribe the content of applications and permits, including all matters reasonably necessary to carry out the intent of this chapter and to assist in enforcement. The building official may require that the application include plans and specifications and may require that they be previously submitted to and checked by city staff. Plans and specifications prepared by an architect, engineer or other designer must be signed by that person, or by another person with similar qualifications. The architect's and engineer's plans must also be sealed. (Note: Some ordinances require specific plans, specifications and certifica- tions; see, e.g., the standard codes schedule requiring engineering plans for founda- tions.) The building official may promulgate a short form application for small scale projects, and the short form need not include all of the items required for applications generally. Applications must be accompanied by the applicable fees. The building official may require that applications be verified. (c) Master permits. The building official must require a master permit in the following circumstances: (1) All the work is proposed to be done by a prime contractor and its subcontrac- tors. In this case, the prime contractor must apply for a master permit to cover all the work, even if there are separate, subordinate permits for part of the work. CD18:9 i 0 ra.GO CUSTOM-HOMES 4950 Bissonnet Suite 210 Bellaire,7X 77401 -4;---\,,i P(713)668-9677 ``(,,J r _ 5"(713)668-9633 October 09, 2006 City of West University Development Services 3800 University Blvd West University Place, TX 77005 To Whom It May Concern; I, Jacob Kass, President of Yago Management as well as General Partner of Yago Custom Homes, LTD am formally requesting a reinstatement of our registration as per the recommendation of the building and standards commission. I would also request that this matter be brought up at the next building and standards commission meeting. S' cerely, Jac ' Kass • City of West University Place A Neighborhood City :: Recycled Paper Building and Standards Commission City of West University Place, Texas ("City") ORDER SUSPENDING REGISTRATION Docket number. 06-03 Registrant: YAGO Custom Homes Registration. General Contractor Registration Decision or Action Requested or Proposed: Suspend registration temporarily as allowed by Section 18.03 of the Code of Ordinances. See formal request of the Building Official. 1. Notice, Hearing, Findings, Vote. (X) Notice given as follows: Posting October 2, 2006; Notice to registrant and possible alter ego entity September 11, 2006. (X) Hearing held on: October 5, 2006. (X) The BSC found and determined that the registrant was responsible for more than 6 violations of applicable ordinances during the period from February 2006 to August 2006. (X) The vote (on motion to suspend): FOR: Bryant Slimp, David Flame, Brian Hoogendam, Dr. Peter Benjamin, J. Denis Powers. OPPOSED: None. ABSTAIN: None. Decision (subject to all applicable appeals): The registration is suspended a period of 60 days beginning October 5, 2006, subject to the following conditions: 1. The applicant may make application for reinstatement in time to be considered at the November meeting, provided there are no further violations of the ordinance. This decision remains subject to the Code of Ordinances and the regulatory jurisdiction of the City. Effective Date & Appeals: This decision takes effect on the date indicated above. Any appeals of this decision are subject to and governed by applicable ordinances and laws. By: Chair, Building and Standards Commission Bryant Slimp 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org • • Page 2 BSC Decision, Docket 06-03 State of Teas County ofO�� This instrument was acknowledged before me on ,CA 0)(0 (date) by Bryant Slimp, Chairman for the Building and Standards Commission. JOSE hi ORM° Notary Public's Signature (6-5,:t4 raj(Personalized Seal) '�' Commilion Spies Filed in the Board's office and forwarded to registrant on ` --)\ \( \a , by: Permit Technician Ms. Josie Orosco. MAILED COPY REGULAR AND CERTIFIED MAIL JMO, 10/11/2006 • • NOTICES ISSUED TO YAGO CUSTOM HOMES ADDRESS CITATION # DATE AMOUNT PAID 6642 Westchester 4246 08/22/2006 $105.00 08/24/2006 6411 Vanderbilt 4244 08/21/2006 $150.00 08/24/2006 2631 Fenwood 4304 08/15/2006 $135.00 08/17/2006 2631 Fenwood 4228 08/01/2006 $150.00 08/07/2006 6411 Vanderbilt 4234 08/04/2006 $150.00 08/07/2006 6411 Vanderbilt 4224 07/13/2006 $150.00 08/07/2006 4015 Rice 4203 06/20/2006+ $90.00 06/30/2006 6411 Vanderbilt 4163 06/02/2006 $150.00 06/28/2006 6411 Vanderbilt 4160 05/31/2006 $150.00 06/02/2006 6313 Sewanee - 4128 03/21/2006- $105.00 04/04/2006 6313 5ewanee 4124 03/09/2006 $135.00 03/20/2006 6313 5ewanee 4111 02/23/2006 $90.00 02/28/2006 6411 Vanderbilt 4091 02/06/2006 $105.00 02/15/2006 6313 Sewanee 4086 02/01/2006 $150.00 02/08/2006 3317 Rice 4066 01/09/2006 $150.00 01/12/2006 6313 5ewanee 4043 12/09/2005 $150.00 12/30/2005 3317 Rice 4024 11/09/2005 $150.00 12/30/2005 3317 Rice 4022 11/05/2005 $180.00 12/30/2005 3317 Rice 4007 10/02/2005 $210.00 12/30/2005 2631 Carolina Way 4041 12/09/2006 $165.00 12/22/2005 2631 Carolina Way 4027 11/28/2005 ' $120.00 12/22/2005 3320 Amherst 4018 ' 10/26/2005 $165.00 12/20/2005 3320 Amherst 4014 10/25/2005 $165.00 12/20/2005 3320 Amherst 4008 " 10/07/2005 $165.00 12/20/2005 3320 Amherst 3948 08/09/2005 $165.00 08/29/2005 3028 Nottingham 3945 08/09/2005 $165.00 08/29/2005 3028 Nottingham 3930 . 07/13/2005 $165.00 07/21/2005 3320 Amherst 3913 ' 06/23/2005 $135.00 07/21/2005 3028 Nottingham _ 3910 06/20/2005 $120.00 07/21/2005 6437 Vanderbilt 3883 05724/2005 $150.00 07/21/2005 6443 Vanderbilt 3630 04/04/2005 $165.00 04/14/2005 6443 Vanderbilt 3628 03/30/2005 $150.00 04/14/2005 6443 Vanderbilt 3618 03/24/2005 $180.00 04/14/2005 6443 Vanderbilt 3613 - 03/18/2005 $165.00 04/14/2005 3610 Robinhood 3367 05/24/2004' $120.00 07/06/2004 2727 Robinhood 3360 -05/10/2004 $105.00 06/04/2004 2727 Robinhood 3342 04/27/2004- $105.00 05/04/2004 3221 Amherst 3305 ' 04/14/2004 $120.00 05/04/2005 3221 Amherst 3292 04/08/2004 $135.00 05/04/2004 2727 Robinhood 3293 04/08/2004- $105.00 04/20/2004 2727 Robinhood 3254 03/11/2004 ' $165.00 03/19/2004 2727 Robinhood 3069 -02/18/2004 $150.00 03/05/2004 6515 Westchester _ 3066 02/13/2004 ' $135.00 02/20/2004 3221 Amherst 3171 01/22/2004 $110.00 02/20/2004 3221 Amherst - 3063 02/09/2004 $165.00 02/16/2004 3221 Amherst 3056 12/15/2003 $80.00 01/15/2004 6519 Westchester 3050 12/08/2003 $110.00 01/15/2004 6515 Westchester 3049 12/08/2003 $120.00 01/15/2004 • MUNICIPAL COURT CITY OF WEST UNIVERSITY PLACE, TEXAS 3800 UNIVERSITY BOULEVARD HOUSTON,TEXAS 77005 COURT ORDER TICKET# / / DEFENDANT S /A,/ d L.L 4).) JUDGMENT DATE ./ 2.% /200 IT IS HEREBY ORDERED that the Defendant make payments as scheduled by this Order. Each payment will be due and payable as scheduled until the full amount is paid to the Court. If Defendant is unable to pay the scheduled amount due,the Defendant is ordered to appear in person before the Municipal Judge on the due date of the payment at 6:30 p.m.and show cause why a further extension should be granted. SCHEDULED PAYMENTS IT IS HEREBY ORDERED that the Defendant pay the fine and court costs between the hours of 8:30 a.m. and 4:30 p.m.on the following dates and in the following amounts until the total fine and costs are paid: Due Dates of Payments >Amounts Du e /c2i. -7 ) Payments made more than 31 days from and after the date of judgment are subject to a$25 time payment fee pursuant to Section 51.921,Government Code. If the Defendant fails to comply with the above Order, a capias pro fine (warrant) will be issued for the Defendant's arrest. The capias pro fine will be for the remaining amount of the fine and costs and a $50 warrant fee. Signed and entered on this the day of ,200 . Judge's Signature The Defendant acknowledges the receipt of a copy of this Order and that the Defendant understands the provisions of the Order and has the ability to fully comply with this Order. Further, the Defendant understands his/her responsibility to inform the Court of changes in his/her financial situation that may hinder his/her ability to satisfy either the judgment or any other order of the Court. The Defendant understands that his/her responsibility terminates only upon satisfaction of the judgment. The Defendant understands his/her responsibility to notify the Court of any change of address.nf Date: ( C9 ` � ° l', Defendant's ignature Blank • • Page 1 of 1 Josie Orosco From: Debbie Scarcella Sent: Wednesday, October 18, 2006 4:38 PM To: Josie Orosco Subject: FW: Yago Homes Josie, Recieved this from Chris today. Please print it out and put in docket/meeting folder for the BSC meeting in November. Thank you. From: Chris Peifer Sent: Wednesday, October 18, 2006 2:37 PM To: Daniel Paripovich Cc: Debbie Scarcella; Michael Ross Subject: Yago Homes FYI, I just received a call from Mr. Robert J. and Mrs. Kim Rouse regarding the subject builder. They reside at 2620 Carolina Way and wanted to voice their opinion about the builder and its upcoming hearing (Nov. 2nd) concerning full reinstatement of privileges as a home builder within the City of West University Place. They stated that they had an experience with this builder recently when Yago constructed a new home on their street. The Rouses listed several issues as follows: • Inferior quality of construction (a friend of theirs recently purchased one of the Yago homes and has had continued problems with the home to include windows which leak continually) • The management and staff of Yago are very rude and disrespectful • Yago's construction practices are very disruptive to surrounding properties, especially the disruption of traffic and access to one's home • In all Yago is extremely inconsiderate of current residents Ms. Kim Rouse summarized the conversation stating that everything that was documented by our code officer as exhibited in a recent newspaper article (which initiated her call)was true and correct. The Rouses just wanted to voice their opinions and ensure that someone knew that they confirmed our findings. Also that they were among those which would not be offended if Yago would not build within West University Place again. M. Christopher Peifer Assistant City Manager Director of Public Works City of West University Place 3826 Amherst Street West University Place, Texas 77005-2830 cpeifer(@.westu.org 10/18/2006