HomeMy WebLinkAbout12062001 BSC Agenda Item 7 1110 1111
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City of West University Place
APPLICATION TO BUILDING AND STANDARDS COMMISSION
STATE OF TEXAS )( TO THE HONORABLE BUILDING AND STANDARDS
COUNTY OF HARRIS)( COMMISSION
Applicant name: S70— M v iuQ A, i yy 1 . 2—
Mailing Address: 37 3 if sunisct 8 L V IJ
Site Address: 3 7 37 Act b AN S Site Owner: D kV 1 o M R t'K
Phone number: 7/3 C( ,j 66 3 . Fax number: 713 4:65- /0 72--
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Appeal Requested
Please hear and decide an appeal from an order, requirement, decision, determination or interpretation
made by the City's Building Official,a follows below.
Is the action in writing? ( S,copy attached ( )NO,but the action appealed is as follows:
When was action taken? ( G, '"g oi
Note: Appeals must be filed within a reasonable time. Please explain any
delay:
Exact Ordinance Provision involved: 6. 3- ka,))(0
Grounds for appeal: 'T"I¢i <IAJ pQ o L w is k, ,v A°kr t y
J A-4 y `- 4-4l, r dr:r _ �, C
19,1 k C� sc� �r ��N �I �rric1#rf D€ e/+-✓SL fev ziird' /JJiSy-NC4�,
or UN(AN,yrIrf7 CAS 4)ii4ieAlc /4y deGvr 1/tobi-tiUry c "4"' ( . 5-c-, / 60,(6).
Signature of Applicant: J arl Date: ` J - 7s--- (. i
AFFIDAVIT
STATE OF TEXAS )(
COUNTY OF HARRIS)(
S; . IA-0 v;Srz_ , being duly sworn,deposes and says: I,the applicant named in this
application have read the contents hereof, and all statements here contained are true ant correct.
Applicant L
Subscribed and sworn to before me this 15— day of p c - b , Zoo I •
= a°77ALISA M.TALLEY I
: * y �Notary Public,Slate of Texas
N � C
' oFS�4 Commission Expires: 04-21•2003 Notary Public in and for Harr' ounty Texas
DATE FILED I I/0240 DOCKET NO. V I r 0 / RECEIPT NO. I q Li-
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10- 43 A
City of k est University lace
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Recycled Pape'
October 8, 2001
David Marks
Owner
3737 Albans St.
West University Place, Texas 77005
Dear Sir or Madam:
I have received a complaint about your swimming pools waste water discharge. By this letter I
am informing you of the outcome of my investigation into this complaint.
Please see formal decision of the Chief Building Official attached to this letter.
If you have any questions or require further information, please contact Dennis Mack at
713:662.5830.
Sincerely,
Dennis Mack
Chief Building Official
PC: City Manager
Public Works Director
Sig Horvitz
37372 Albans doe
3800 University Boulevard®Houston,Texas 77005 s 713/6684441
•
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EN HE i fin. M
bffizaziapr 3800 University Boulevard *Houston, Texas, 77005 713/668-4441
Office of the Chief Building Official
City of West University Place, Texas ("City")
FORMAL DECISION OF THE CHIEF BUILDING OFFICIAL
Address of Building site: 3737 Albans
Legal Description: Trs 9 & 10A Blk 5 Sunset Terrace Sec 9
Permttee/Applicant: David Marks
Decision or Action Requested: Assessment of the swimming pools waste water
discharge at 3737 Albans for compliance with the City of West University Place code of
ordinances.
Ordinance Reference: Chapter 6 Section 6.564
Formal.Decision: I find the swimming pool waste water system
installed at the above described address poses no hazard,nuisance or unsanitary
condition, therefore in accordance with Chapter 6 Section 6.564 it is hereby approved.
Effective Date: 10/8/2001
Effective Date &Appeals: This decision, which is subject to appeal, takes effect on the
tenth day following its delivery to the permittee or applicant, unless otherwise indicated
above. Applicant/permittee may have the right to appeal and to request an interim order.
Appeals (including the time deadline for filling of appeals) are subject to and governed
by applicable rules, ordinances and laws, including:
( ) Chapter 211, Tex. Local Government Code,
( )•Zoning Ordinance,
(x) Chapter 6, Code of Ordinances,
( ) Zoning Board of Adjustment rules,
( ) Other
This decision is not binding on the Zoning Board of Adjustments or the Building&
Standards Commission. This decision is subject to being reversed, modified or
sustained by subsequent action of these boards.
Date signed: /O - By:
Chief Building Official
Date delivered to pennittee or applicant: 10/8/2001 Delivered by: U.S. Mail
411
r
Sigmund A. Horvitz
3734 Sunset Blvd.
Houston, TX 77005
713-665-6635
November 18 , 2001
Mr. James W . McDaniel
Chairman
Building and Standards Commission
West University Place
West University Place, TX 77005
Dear Mr. McDaniel :
I am appealing a decision of the Chief Building
Official of West University Place, Texas . In his decision
dated October 8 , 2001, the chief Building Official stated:
"I find the swimming pool waste water system installed at
(3737 Albans) poses no hazard, nuisance or unsanitary
condition" and is "therefore in accordance with Chapter 6
Section 6 . 564" and "is hereby approved. "
I respectfully disagree with the decision of the Chief
Building Official that the waste water system satisfies the
requirements of Chapter 6 Section 6 .564 of the CHARTER &
ORDINANCES of the City of West University Place, Texas . The
basis for my disagreement is :
1 . Section 6 . 564 provides :
"Wastewater shall be discharged to a storm sewer" except
if " space and conditions are such that no hazard,
nuisance or unsanitary conditions may occur, swimming pool
waste water may be used for irrigation or subsurface
spreading. In all cases, sufficient area shall be provided
on the premises for the subsequent installation of disposal
facilities . No other method shall be used unless
specifically approved by the Building Official . "
2. According to Webster's Third New International
Dictionary, Unabridged, the terms "hazard" , "nuisance" ,
"unsanitary" and "may" are defined as follows :
a. The word "hazard" means : "2c : a condition that tends to
create or increase the possibility of loss" .
• S
Mr. James W. McDaniel
November 18 , 2001
Page Two
b . The word "nuisance" means : "2 law: an offensive,
annoying, unpleasant, or obnoxious thing or practice; a
cause or source of annoyance that although often a single
act is usu . a continuing or repeated invasion or disturbance
of another' s right" .
c . The word "unsanitary" means unhealthful .
d. The word "may" means : "2b: be in some degree likely to. "
3 . In the attached statement captioned "STATEMENT OF
FACTS" , I state facts that I believe are true.
4 . The "STATEMENT OF FACTS" , together with the letter from
Ms . Peggy Dunne, realtor with Roger Martin Properties, shows
that space and conditions are such that a hazard, or a
nuisance, or an unsanitary condition may occur if the pool
owner is not required to discharge the wastewater from his
swimming pool to a storm sewer.
I respectfully request that the Building and Standards
Commission reverse the decision of the Chief Building
Official approving the waste water disposal system located
at 3737 Albans . This system consists, as the attached
photograph shows , of the open pipe (which is 3 .5 feet
opposite of and directed toward the complainant ' s property
line) .
Very truly yours,
c a
7
Sigurd A. Hor itz
Enclosures
1 . A Letter dated November 17, 2001 from Ms . Peggy Dunne,
realtor.
2 . A statement captioned "STATEMENT OF FACTS" .
3 . Application to Building and Standards Commission
4 . November 8 , 2001 Formal Decision of the Chief Building
Official .
5 . Photograph attached to the "STATEMENT OF FACTS" .
•
111 S
ROGER MARTIN PROPERTIES
3646 UNNERSrTY Bum.
WEST UNIVERSITY PLACE,Tx 77005
TEL: 713-661-2300
800-246-9300
FAX: 713-661-2354
November 17, 2001
Mr. James W. McDaniel
Chairman
46. Building and Standards Commission
West University Place
West University Place, Texas 77005
Dear Mr, McDaniel :
Sicmund Horvitz, the owner of 3734 Sunset Boulevard in
West Uni.'ve _ty Place, has asked me to assume as true the
facts which are alleged in the attached "STATEMENT OF FACTS"
and to render nay opinion on the following two questions .
QUESTIONS:
(1) If Mr. Horvitz places his property on the market for
sale, does he have a legal duty to disclose this set
of facts to a prospective buyer?
(2) Will the market value cf Mr. Horvitz ' s property be
adversely affected by the buyers ' familiarity with
these facts?
ANSWERS:
(1)" Although the disclosure statement in the earnest money
contract does not ask about the specific subject matter
of the assumed facts, Mr. Horvitz has a duty to
disclose the above facts to a prospective buyer if he,
as a reasonably prudent seller, believes that a
reasonably prudent purchaser would want to have this
information before making a decision about whether or
not to buy the property or about how much to offer for
the property. (If a seller wrongfully withholds
information, which he has a duty to disclose, he is
subject to liability for treble damages under the Texas
Deceptive Trade Practices Act. ) In my opinion, the
assumed facts should be disclosed to prospective
buyers .
(2) Some prospective buyers, who possess the assumed facts
may "walk away" from the property. Therefore, the
property may take longer to sell than otherwise. The
prospective buyers, who, with knowledge of the assumed
411
j171!
Mr. James W. McDaniel
November 17, 2001
Page Two
facts, make offers on the property, may offer less than
they would in the absence of the assumed facts . In my
opinion, the assumed facts may adversely affect the
value of the property, but I cannot say by exactly how
much.
Very truly yours,
Peggy Dunne
Sales Associate
•
411 1111
JI71!
STATEMENT OF FACTS
1 . The pvc pipe (with joined parts) , which is pictured in
the attached photograph, opens at a point, which is
about 3 . 5 ' opposite Mr. Horvitz ' s south property line at
3734 Sunset Blvd. in West University Place.
2 . The owner of the property at 3737 Albans Road, from time
to time, backwashes the filter of his swimming pool and,
from time to time, empties the pool of excess water
using a powerful electric pump. This pump quickly
empties the pool of substantial quantities of waste
water by forcing the waste water through the open pipe
referred to above.
3 . The City of West University Place approves of this
arrangement because the pool owner says that, in the
future, he will attach a hose to the open pipe and will
• irrigate his land whenever he backwashes his pool filter
or empties the pool of excess water.
4 . In June, 2001, Mr. Horvitz , by chance, observed, for the
first time, backwash waters which were streaming from
the owner' s property and flooding Mr. Horvitz ' s
property. Mr. Horvitz believes that there is convincing
evidence that, in the past, the pool owner regularly
directed his pool waste water onto Mr. Horvitz ' s
property.
5 . Each time Mr. Horvitz ' s property is flooded by his
neighbor' s pool wastewater he sustains the following
losses :
• a. He loses the use of the garage space where the
wastewater ponds .
b. Rushing water streams and ponds under his (pier
and beam) house and, thereby, compromises the structural
integrity of his house .
c. The structural integrity of his garage is compromised.
by waste water that rushes against it and ponds in it.
d. The streaming water runs across and erodes a large
section of his soil .
e. If the quality of the waste water is below levels
recommended by health officials, then the ponding water
presents an unsanitary (unhealthful) condition.
f . He incurs cleanup costs .
g. His plants and grass are burned by the presence of
chlorine.
6 . In view of the evidence that, in the past, the pool
owner regularly directed (without Mr. Horvitz ' s
knowledge) his waste water onto Mr. Horvitz ' s property,
and the evidence of the pool owner' s cavalier attitude
about this conduct, Mr. Horvitz believes that there is a
strong likelihood that, in the future, as the result of
an accident, or the pool owner' s negligence or
otherwise, the pool owner will flood Mr, Horvitz ' s
4 •
171!
2
STATEMENT OF FACTS (CONT'D)
property with swimming pool wastewater. Therefore, Mr.
Horvitz, as aresult of this likelihood, has sustained
the following permanent losses of use of his property:
a. The area of the garage which ponds with the wastewater
are not utilized for storage .
b.. Areas of the property which flood with the waste water
are not planted with flowers or grass .
7 . The pool owner has even refused to take very low cost
steps that are available to prevent the likely flooding
of Mr . Horvi t z ' s property .
! 411
STATEMENT OF FACTS
1 . The pvc pipe (with joined parts) , which is pictured in
the attached photograph, opens at a point, which is
about 3 . 5 ' opposite Mr. Horvitz ' s south property line at
3734 Sunset Blvd. in West University Place .
2 . The owner of the property at 3737 Albans Road, from time
to time, backwashes the filter of his swimming pool and,
from time to time, empties the pool of excess water
using a powerful electric pump. This pump quickly
empties the pool of substantial quantities of waste
water by forcing the waste water through the open pipe
referred to above.
3 . The City of West University Place approves of this
arrangement because the pool owner says that, in the
future, he will attach a hose to the open pipe and will
irrigate his land whenever he backwashes his pool filter
or empties the pool of excess water.
4 . In June, 2001, Mr. Horvitz, by chance, observed, for the
first time, backwash waters which were streaming from
the owner' s property and flooding Mr. Horvitz ' s
property. Mr. Horvitz believes that there is convincing
evidence that, in the past, the pool owner regularly
directed his pool waste water onto Mr. Horvitz ' s
property.
5 . Each time Mr. Horvitz ' s property is flooded by his
neighbor' s pool wastewater he sustains the following
losses :
a. He loses the use of the garage space where the
wastewater ponds .
b. Rushing water streams and ponds under his (pier
and beam) house and, thereby, compromises the structural
integrity of his house .
c . The structural integrity of his garage is compromised.
by waste water that rushes against it and ponds in it .
d. The streaming water runs across and erodes a large
section of his soil .
e. If the quality of the waste water is below levels
recommended by health officials, then the ponding water
presents an unsanitary (unhealthful) condition.
f . He incurs cleanup costs .
g. His plants and grass are burned by the presence of
chlorine .
6 . In view of the evidence that, in the past, the pool
owner regularly directed (without Mr. Horvitz ' s
knowledge) his waste water onto Mr. Horvitz ' s property,
and the evidence of the pool owner' s cavalier attitude
about this conduct, Mr. Horvitz believes that there is a
strong likelihood that, in the future, as the result of
4 •
STATEMENT OF FACTS (CONT'D)
an accident, or the pool owner' s negligence or
otherwise, the pool owner will flood Mr. Horvitz ' s
property with swimming pool wastewater. Therefore, Mr.
Horvitz, as a result of this likelihood, has sustained
the following permanent losses of use of his property:
a. The area of the garage which ponds with the wastewater
are not utilized for storage .
b. Areas of the property which flood with the waste water
are not planted with flowers or grass .
7 . The pool owner has even refused to take very low cost
steps that are available to prevent the likely flooding
of Mr. Horvitz ' s property.
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111
Sigmund A. Horvitz
3734 Sunset Blvd.
Houston, TX 77005
713-665-6635
November 26, 2001
Mr. James W. McDaniel
Chairman
Building and Standards Commission
West University Place
West University Place, TX 77005
RE: SUPPLEMENTAL DOCUMENTATION
Dear Mr. McDaniel :
I respectfully request the Building and Standards
Commission to consider the attached supplementary
documentation which I am filing in connection with my appeal
of the November 8 , 2001 Formal Decision of the Chief
Building Official . This additional documentation includes
the following:
1 . Letter of Armand L. Kapp, realtor. (This letter shows
that the continuous threat (of flooding of Horvitz ' s
property by the pool owner' s swimming pool waste water)
posed by the pool owner' s waste water discharge
arrangement may be adversely impacting the market value
of Horvitz ' s property at 3734 Sunset and that,
therefore, as a result this arrangement a nuisance may
exist. )
2 . Letter of Astatki Zikarge, M.D . , environmental health
professional . (This letter shows that the use for
irrigation purposes by the pool owner of the waste
water from his swimming pool and/or the discharge of
these waters onto Horvitz ' s property may produce
breeding sites for the culex mosquito, the carrier of
Saint Louis encephalitis and that, therefore, as a
result of either or both of these actions, unsanitary
conditions may occur. )
3 . Statement (together with a receipt for the cost
incurred in realigning Horvitz ' s front door at 3734
Sunset) of Jose Sison, home repair contractor. (This
statement shows that if the pool owner' s waste water is
discharged onto Horvitz ' s property and these waters
I •
pool under Horvitz ' s 60 year old pier and beam house,
then a hazard (that is, a risk of loss) may occur. )
Very truly yours,
Sigmun A. Horvitz
Attachments :
1 . Letter of Armand L . Kapp, realtor.
2 . Letter of Astatki Zikarge, M .D . , environmental health
professional .
3 . Statement (together with a receipt) of Jose Sison, home
repair contractor.
•
ASTATKI ZIKARGE, M.D.
Associate Professor
Department of Environmental Health
Texas Southern University
214 Science Building
Houston, TX 77002
713-313-7011
November 26, 2001
Mr. James W. McDaniel
Chairman
Building and Standards Commission
West University Place
West University Place, TX 77005
Dear Mr. McDaniel :
Sigmund A. Horvitz of 3734 Sunset Blvd. , West
University Place, Texas, has asked me to assume the
following facts and to answer the question, which follows :
ASSUMPTIONS :
1 . A homeowner has a swimming pool . From time to time the
home owner (pool owner) back washes the pool ' s filter by
pumping the water from the pool through the pool ' s
filter. (The pool owner back washes the pool filter to
clean the filter of organic and inorganic matter that
concentrates there . In addition, the pool owner, in
order to prevent the pool from overflowing, sometimes ,
by back washing, empties the pool of excessive water
that accumulates in the pool as a result, for example,
of a heavy rain. ) The pool owner does not discharge the
pool ' s wastewater into a storm sewer. He claims to use
the wastewater to irrigate his grass and beds . In June,
2001, the pool owner was observed discharging the waste
water from his swimming pool onto his neighbor' s
property. There is evidence that prior to June, 2001,
the pool owner was discharging the waste water from his
swimming pool onto his neighbor' s property.
2 . When the wastewater from the owner' s swimming pool is
pumped onto his neighbor ' s property, the waste water
runs into and pools in the neighbor' s garage, it runs
onto and collects in the neighbor' s driveway, and it
runs under and collects beneath the neighbor' s pier and
beam house.
3 . A percolation test of the pool owner' s soil has not been
conducted.
II
•
Mr. James W. McDaniel
Chairman
November 26, 2001
PAGE TWO
QUESTION:
May unsanitary (unhealthful) conditions occur if the facts
assumed above are present?
ANSWER:
The pooling of water on the ground may present certain
public heath risks . In Harris County, Texas, pooling water
may serve as a breeding medium for the culex mosquito which
is a vector for the virus form of Saint Louis encephalitis .
If a pool of chlorine-rich water stands on the ground, the
chorine is neutralized and the pool may serve as a breeding
medium for disease carrying insects including the culex
mosquito. This risk is probably the most pressing of those
which may be associated with the assumed facts .
In the Houston area, the near-surface often consists of
clay. Water that collects in the presence of a clay
subsurface pools if the water percolation rate is low. In
general, in Houston, Texas, if a swimming pool owner, in a
residential area, discharges the waste water from his
swimming pool onto his own or onto his neighbor' s property,
the pool owner may create public health risks unless it is
first determined, in a percolation test, that the waste
water will diffuse fast enough into the subsurface to avoid
these risks . The generally acceptable septic tank
distribution standard may appropriately serve as a minimally
acceptable standard by which to determine if the percolation
rate of the waste water is acceptable or not .
Very truly} yours,
,)
(://7„:/d
ASTATKI ZIKARGE, M.D.
• •
ARMAND L. KAPP
Realtor
5823 Rutherglen
Houston, TX 77096
713-7291367
November 19, 2001
Mr. James W. McDaniel
Building and Standards Commission
West University Place, TX 77005
Dear Mr. McDaniel :
I am writing this letter at the request of Mr. Sigmund
Horvitz, owner of the property with the address of 3734
Sunset Boulevard in the City of West University Place. Mr.
Horvitz asked my opinion in regard to the following two
questions, based on the attached statement of facts,
assuming that those statements are true and correct in all
respects .
Questions :
(1) If Mr. Horvitz places his property on the market for
sale, does he have a legal duty to disclose this set
of facts to a prospective buyer?
(2) Will the market value of Mr . Horvitz ' s property be
adversely affected if the prospective buyer is made
aware of these same facts?
Answers :
(1) Although the seller' s disclosure statement does not
specifically address the particular condition(s) that
exist at Mr. Horvitz ' s property, the disclosure
statement does ask the owner of the subject property
to disclose any knowledge he/she has of conditions
that would materially affect the property. Repeating
the assumption that the attached statement of facts
are true and correct, I , as a realtor, licensed in the
State of Texas, would strongly urge Mr. Horvitz to
disclose the alleged conditions that exist . I cannot
speak to whether or not he has a legal duty to
disclose . I am not an attorney. Mr. Horvitz should
disclose the conditions for his own protection.
(2) In my opinion the aforementioned conditions as set
forth in the statement of facts, assumed to be true
and correct, the market value of Mr. Horvitz ' s
property would in all probability be adversely
affected. It must be recognized that there is usually
• i
Mr. James W. McDaniel
Chairman
PAGE TWO
a substantial degree of unpredictability in dealing with
people and their emotions with regard to the sale/purchase
of real property. A reasonably prudent buyer, with a
reasonable amount of diligence would make a lower offer
because of the alleged conditions, or may not choose to make
any offer, assuming that the buyer has interest in the first
place. This would cause the property to remain on the
market for a longer time, which in turn would cause the
asking price to be reduced to be eventually sold. After
all , the prospective buyer would be purchasing a property
where an undesirable condition would exist . Furthermore ,
the seller could not control or remedy the existing
conditions without obtaining the compliance of the owner of
the adjacent property.
Sincerely,
4) ,
Armand L . Kapp
Texas Real Estate License # 124238
110
•
STATEMENT OF FACTS
1 . The pvc pipe (with joined parts) , which is pictured in
the attached photograph, opens at a point, which is
about 3 . 5 ' opposite Mr. Horvitz ' s south property line at
3734 Sunset Blvd. in West University Place .
2 . The owner of the property at 3737 Albans Road, from time
to time, backwashes the filter of his swimming pool and,
from time to time, empties the pool of excess water
using a powerful electric pump . This pump quickly
empties the pool of substantial quantities of waste
water by forcing the waste water through the open pipe
referred to above .
3 . The City of West University Place approves of this
arrangement because the pool owner says that, in the
future, he will attach a hose to the open pipe and will
irrigate his land whenever he backwashes his pool filter
or empties the pool of excess water.
4 . In June, 2001, Mr. Horvitz , by chance, observed, for the
first time, backwash waters which were streaming from
the owner' s property and flooding Mr. Horvitz ' s
property . Mr. Horvitz believes that there is convincing
evidence that , in the past, the pool owner regularly
directed his pool waste water onto Mr. Horvitz ' s
property.
5 . Each time Mr. Horvitz ' s property is flooded by his
neighbor ' s pool wastewater he sustains the following
losses :
a . He loses the use of the garage space where the
wastewater ponds .
b . Rushing water streams and ponds under his (pier
and beam) house and, thereby, compromises the structural
integrity of his house .
c . The structural integrity of his garage is compromised.
by waste water that rushes against it and ponds in it .
d. The streaming water runs across and erodes a large
section of his soil .
e . If the quality of the waste water is below levels
recommended by health officials, then the ponding water
presents an unsanitary (unhealthful) condition.
f . He incurs cleanup costs .
g. His plants and grass are burned by the presence of
chlorine .
6 . In view of the evidence that, in the past, the pool
owner regularly directed (without Mr. Horvitz ' s
knowledge) his waste water onto Mr. Horvitz ' s property,
and the evidence of the pool owner' s cavalier attitude
about this conduct, Mr. Horvitz believes that there is a
strong likelihood that, in the future, as the result of
STATEMENT OF FACTS (CONT'D)
an accident, or the pool owner' s negligence or
otherwise, the pool owner will flood Mr. Horvitz ' s
property with swimming pool wastewater. Therefore, Mr.
Horvitz , as a result of this likelihood, has sustained
the following permanent losses of use of his property:
a. The area of the garage which ponds with the wastewater
are not utilized for storage .
b. Areas of the property which flood with the waste water
are not planted with flowers or grass .
7 . The pool owner has even refused to take very low cost
steps that are available to prevent the likely flooding
of Mr . Horvitz ' s property.
2
S
October 15 , 2001
JOSE SISON
Virgo Enterprises
281-988-8847
Mr. Horvitz, your house at 3734 Sunset Blvd. is a pier
and beam house . In my opinion, if water runs under your
house, your house may continuously shift as the ground
expands and then contracts .
Sign°d:
ose on
1/
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