HomeMy WebLinkAbout11051998 BSC Notice NOTICE OF HEARING
(QUASIJUDICIAL ENFORCEMENT PROCEEDING)
NOTICE IS HEREBY GIVEN that the Building & Standards Commission ("BSC") of the City of West
University Place,Texas("City")will hold a hearing in the Conference Room of the Public Works Center,3826
Amherst,Houston,Texas 77005. The hearing will be convened during a meeting of the BSC set to begin at 6:00
PM on November 5, 1998. The hearing may be adjourned or recessed from time to time on the same date and
may be reconvened and continue at 7:30 PM on the date which is one weekdollowing the date of the meeting
stated above. The purpose of the hearing is to consider a complaint file by the Building Official of the City with
respect to property("Property")described as follows:
Address:4153 Ruskin,Houston,Texas 77005
Legal Description:Lot 1,Block 34 of Colonial Terrace,An Addition in Harris County,Texas,according to the
map or plat thereof recorded in Volume 655,Page 193 of the Deed Records in Harris County,Texas,in the City
of West University Place,Texas 77005
The complaint names the following as respondents:
Record owners of the Property:William Robert Mackey,Jr and Wife,Judy Hargadine Mackey
Lien Holder:CAPSTEAD,Inc.,2711 North Haskell Avenue,Suite 1000,Dallas,Texas 75024
Lien Holder: Home Loan Corporation, 1717 St.James Place,Suite 200,Houston,Texas 77056
Trustee: Gregory L.Gregg, 1700 West Loop South,Houston,Texas 77027
Each representative of the owner of the Property with control over the premises.
Each holder of a recorded lien against the Property.
Each unknown owner of the Property.
Any persons occupying the Property.
Any mortgagee and other persons claiming an interest in the Property.
The respondents shall have the right to appear and be heard at the hearing. The BSC may also hear from other
persons. The complaint alleges that there are conditions of the property that are dangerous,substandard or in
violation of an ordinance. Such conditions are generally described as follows:
("CofO"means the Code of Ordinances of the City of West University Place,Texas.
"SHC"means the Standard Housing Code, 1994 Ed.)
CofO,Section 6.502(4) Water damage to exterior siding,interior walls,interior ceilings and doors. Termite
damage to substructure(joists,floor plates,etc.).
CofO,Section 6.502.(5) , Dilapidation or decay of exterior siding and front porch flooring; unsanitary
conditions (algae inside house); unsafe conditions (holes in front porch floor,
weakened substructure).
CofO, Section 6.502.(8) Front porch flooring may collapse.
CofO,Section 6.502.(11) Two or more violations of applicable regulations,as follows:
SHC,Section 305.2 Exterior walls have holes, breaks, loose and rotting
boards,and other conditions that admit rain or dampness
to the interior.
SHC,Section 305.3.1 Roof not maintained to prevent water intrusion.
SHC, Section 305.3.2 Missing fascia near front porch and deterioration at
junction of roof and siding on south side.
SHC,Section 305.11.1 Glass exterior door not rodent-proof or weatherproof and
not kept in good repair.
SHC,Section 305.14 Exterior wood surfaces not protected by paint or other
protective covering and not weather resistant and
watertight.
SHC, Section 305.16.1 Exterior walls not substantial rodent proof and not in
good repair.
The complaint requests that the BSC issue appropriate orders under Subchapter C of Chapter 54 of the Texas
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Local Government Code to alleviate,remedy and abate the conditions alleged to exist. Such orders may require
repair, modification and removal of buildings and structures, removal of persons, civil penalties and other
actions. chapter 6 of the Code of Ordinances of the City also applies to this matter. A copy of the complaint
may be obtained from the Building Official of the City at 3826 Amherst,Houston,Texas 77005.
SIGNED AND ISSUED: ,%.'4 Apo.
Date: /Q.�3•9,1? Name Title
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ADDENDUM REGARDING OWNERSHIP
OF THE "PROPERTY" DESCRIBED IN THE FOREGOING NOTICE
According to the real property records of Harris County,you own the real property described in this
notice. If you no longer own the property,you must execute an affidavit stating that you no longer
own the property and stating the name and last known address of the person who acquired the property
from you. The affidavit must be delivered in person or by certified mail,return receipt requested,to
this office not later than the 20th day after the date you receive this'notice. If you do not send the
affidavit, it will be presumed that you own the property described in this notice, even if you do not.
This Addendum is submitted pursuant to Section 54.005 of the Texas Local Government Code.
You may use the affidavit shown below to state that you no longer own the Property described in the
foregoing notice. It must be delivered to this office(see address below)within 20 days.
SIGNED AND SUBMI'1TED: 4 O�
Date: /0, .26.98 Name:-b rs Ls O�M Title: Cg, thiNs, Op.
Address of this office: Public Works Department, Building Division, 3800 University. Blvd.. West
University Place, Texas, 77005
AFFIDAVIT
THE STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared the undersigned
person,who being by me first duly sworn, did upon his or her oath depose and say:
(1) My name is
(2) I no longer own the Property described in the foregoing notice.
(3) The name and last known address of the person who acquired the Property from me
are as follows:
SIGNED:
SWORN TO AND SUBSCRIBED BEFORE ME ON , 19
(SEAL)
Notary Public
Printed Name:
My commission expires:
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Building Division,Department of Public Works
City of West University Place,Texas
` NOTICE OF VIOLATION
CONCERNING THE CONDITION OF PRIVATE PROPERTY
(DANGEROUS BUILDINGS ORDINANCE)
TO:The owner and all other persons interested in the Property described below. You are hereby notified that
the Building Official of the City of West University Place,Texas("City")has determined that there is one or
more violation(s) of Subchapter E of Chapter 6 (entitled "Dangerous Buildings Ordinance") of the Code of
Ordinances of the City,upon the property("Property")described as follows:
Address: 4153 Ruskin
Legal Description: Lot 1,Block 34 of Colonial Terrace,An Addition in Harris County,Texas,according
to the map or plat thereof recorded in Volume 655,Page 193 of the Deed Records
of Harris County,Texas in the City of West University Place,Texas,77005
The violations are generally described as follows:
("CofO"means the Code of Ordinances of the City of West University Place,Texas.
"SHC"means the Standard Housing Code, 1994 Ed.)
CofO, Section 6.502(4) Water damage to exterior siding,interior walls,interior ceilings and doors. Termite
damage to substructure(joists,floor plates,etc.).
CofO, Section 6.502.(5) Dilapidation or decay of exterior siding and front porch flooring; unsanitary
conditions (algae inside house); unsafe conditions (holes in front porch floor,
weakened substructure).
CofO, Section 6.502.(8) Front porch flooring may collapse.
CofO, Section 6.502.(11) Two or more violations of applicable regulations,as follows:
SHC, Section 305.2 Exterior walls have holes, breaks, loose and rotting
boards,and other conditions that admit rain or dampness
to the interior.
SHC, Section 305.3.1 Roof not maintained to prevent water intrusion.
SHC, Section 305.3.2 Missing fascia near front porch and deterioration at
junction of roof and siding on south side.
SHC, Section 305.11.1 Glass exterior door not rodent-proof or weatherproof and
not kept in good repair.
SHC,Section 305.14 Exterior wood surfaces not protected by paint or other
protective covering and not weather resistant and
watertight.
SHC, Section 305.16.1 Exterior walls not substantial rodent proof and not in
good repair.
Violations of the Dangerous Buildings Ordinance are declared to be nuisances and are punishable by fine, in
certain circumstances. The Dangerous Buildings Ordinance allows the Building & Standards Commission
("BSC")of the City to order that affected structures be repaired,vacated and demolished,as may be appropriate.
In addition,Chapter 54 of the Texas Local Government Code allows the BSC to impose civil penalties if,after
notice, a defendant commits acts in violation of the Dangerous Buildings Ordinance or Fails to take action
necessary for compliance with the ordinance. Appeals of decisions made by the building official,and requests
for variances and interpretatio ,are heard y the BSC. See Chapter 6 of the City's Code of Ordinances.
SIGNED AND ISSUED: ��y, /?7,4, A
ame: "Title : Building Official
3800 University Blvd.,Houston,Texas 77005,phone: ?/3.((,2•5833
Date of this notice: /b •2 6• 9;ff
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Building Division,Department of Public Works
City of West University Place,Texas
NOTICE OF VIOLATION
CONCERNING THE CONDITION OF PRIVATE PROPERTY
(HOUSING CODE)
TO:The owner and all other persons interested in the Property described below. You are hereby notified that
the Building Official of the City of West University Place,Texas("City")has determined that there is one or
more violation(s) of the Standard Housing Code ("Housing Code") adopted by Chapter 6 of the Code of
Ordinances of the City,upon the property("Property")described as follows:
Address: 4153 Ruskin
Legal Description: Lot 1,Block 34 of Colonial Terrace,An Addition in Harris County Texas,
according to the map or plat thereof recorded in volume 655,page 193 of
the deed records of Harris County,Texas, in the City of West University
Place,Texas 77005
The violations are generally described as follows:
("CofO"means the Code of Ordinances of the City of West University Place,Texas.
"SHC"means the Standard Housing Code, 1994 Ed.)
CofO,Section 6.502(4) Water damage to exterior siding,interior walls,interior ceilings and doors. Termite
damage to substructure(joists,floor plates,etc.).
CofO,Section 6.502.(5) Dilapidation or decay of exterior siding and front porch flooring; unsanitary
conditions (algae inside house); unsafe conditions (holes in front porch floor,
weakened substructure).
CofO,Section 6.502.(8) Front porch flooring may collapse.
CofO,Section 6.502.(11) Two or more violations of applicable regulations,as follows:
SHC, Section 305.2 Exterior walls have holes, breaks, loose and rotting
boards,and other conditions that admit rain or dampness
to the interior.
SHC,Section 305.3.1 Roof not maintained to prevent water intrusion.
SHC,Section 305.3.2 Missing fascia near front porch and deterioration at
junction of roof and siding on south side.
SHC, Section 305.11.1 Glass exterior door not rodent-proof or weatherproof and
not kept in good repair.
SHC, Section 305.14 Exterior wood surfaces not protected by paint or other
protective covering and not weather resistant and
watertight.
SHC,Section 305.16.1 Exterior walls not substantial rodent proof and not in
good repair.
Violations of the Housing Code are declared to be nuisances and are punishable by fine,in certain circumstances.
Chapter 6 of the City's Code of Ordinances allows the Building&Standards Commission("BSC")of the City
to order that affected structures be repaired,vacated and demolished,as may be appropriate. In addition,Chapter
54 of the Texas Local Government Code allows the BSC to impose civil penalties if,after notice,a defendant
commits acts in violation of a health or safety ordinance or fails to take action necessary for compliance with
the ordinance. Appeals of decisions made by the building official,and requests for variances and interpretations,
are heard by the BSC. See Chapter 6 of the City's Code of Ordinances.
SIGNED AND ISSUED: . 4r.icgti,i
ame: Title:Building Official
3800 University Blvd.,Houston,Texas 77005,phone: V/
Date of this notice: /0, 91
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