HomeMy WebLinkAboutBSC Order 2024-001City of Anna
Collin County, Texas
ORDER OF COMMISSION
Building and Standards Commission
Dangerous Structure Hearing
Re: 230 E. 611 Street, Anna, Texas
The City of Anna Building and Standards Commission ("BSC") having held a public hearing on the 5th day of June, 2024, for
the properly identified as: _230 E. 6'h Street, Anna, TX, Prop. ID 1634137 , and
finding that proper notice of said public hearing was provided to the properly owner and all other interested parties, hereby
make the finding(s) that the aforementioned property:
❑ not be declared as a Dangerous Structure and no further action is necessary.
Z bedeclared as a Dangerous Structure and requiring the following work to be timely completed by the properly owner:
LhedImmediately remove all persons and property located thereon, and secure the Dangerous Structure against
�nauthorized entry;
M demolish the Dangerous Structure and remove all debris from demolition; and/or
2 make repairs sufficient to remedy all nuisance conditions and take additional actions as described below:
If the Structure is not demolished, timely perform all repairs listed in the violation inventory attached to this Order.
Any and all work required under this Order must be completed by the property ownerwithin:
e0 days from the issuance of this Order;
❑ 30-90 days, specifically days from the issuance of this Order, requiring that specific time schedules for the
commencementand performance of the work be established, and the property be secured while the work is being
performed; or
❑ More than 90 days, specifically _days from the issuance of this Order, requiring that a detailed plan and time schedule
for the commencementand performance of the work be established, and regular progress reports be submitted to the
Commission on the following dates:
CIVIL PENALTY ASSESSED: The owner or owner's representative with control over the premises has received actual
notice of the provisions of the City's ordinances violated by the Dangerous Structure. Having received such notice, such
person(s) committed acts in violation of the ordinance or failed to take action necessary for compliance, such that the
Commission assesses civil penalty in the amount of $ 8' S SD
Failure to timely abide by or meet the requirements of this Order may result in the City of Anna undertaking to perform the
required work and a lien placed on the properly for associated expenses and/or additional civil penalties at the rate of a
maximum of $1,000 per day that the property ownerfails to abide by or meet the requirements of this Order.
Adoption of this Order includes authorization of City of Anna staff to publish and issue notices relating to this Order, and to
exercise all authority provided by state law to secure the structure, abate the nuisance, and recover the City's expenses in so
doing should the owner fail to comply with the terms of the Order, including through imposition of a lien. City action may
include demolition of Dangerous Structures if the City determines the costs of repair would exceed the costs of such action
and removal of resulting debris.
BSC ORDER - d o Page 1 of 2
Additional orders of the Commission:
S46/M C,!fla, -�v bG P6MOL84.
Attached to this order are '� additional pages detailing the work to be completed and/or providing time
schedules for the commencement and performance of the work, all incorporated herein as if set forth in full.
SO ORDERED BY MAJORITY VOTE OF THE COMMISSION ON THIS THE 51 day of June, 2024:
ATTEST:
CJ
BSC ORDER - 20 ILf - 0 0 ( - Page 2 of 2
Board of Adjustments VIOLATION INVENTORY EXHIBIT A
May XX, 2024 230 E 6th St
Property ID: 1634137
CODE
VIOLATION
REMEDY
Chapter 4, Article 04, Division 2, Section 4.04.058 (a)
The owner of the premises has not kept the property in a
Clean the property so that it is in a sanitary condition.
clean and sanitary condition.
Chapter 4, Article 04, Division 2, Section 4.04.058 (b)
The owner has failed to dispose of combustible andnoncombustible
Dispose of all rubbish.
waste materials.
Repair or replace the exterior so that it is in good repair,
Chapter 4, Article 04 Division 2, Section 4.04.055 (a)
The exterior of the structure is deteriorated.
structurally sound and sanitary so as not to pose a threat to the
public health, safety or welfare.
Chapter 4, Article 04, Division 2, Section 4.04.055 (g)
The fascia and roof at the property are deteriorated.
Repair or replace the deteriorated fascia and roof.
Chapter 4, Article 04, Division 2, Section 4.04.055 (f)
The siding/exterior walls:of the property are deteriorated.
Repair and/or replace the siding.
Repair exterior walls so that they are maintained plumb and free
Chapter 4, Article 04, Division 2, Section 4.04.055 (e)
Foundation walls are exposed to the elements.
from breaks and shall be kept in such condition so as to prevent
the entry of rodents and other pests.
Chapter 4, Article 04, Division 2, Section 4.04.055 (b)
There are exterior portions of the property not adequately
protected surfaces.
Paint unprotected
protected by paint or other protective coatings.
Chapter 4, Article 04, Division 2, Section 4.04.055 (m)
The vast majority of windows are broken.
Replace all windows.
Repair/replace exterior doors. Doors must have locks and be
Chapter 4, Article 04, Division 2, Section 4.04.055 (q)
Exterior doors are damaged.
secured.-
Chapter 4, Article 04, Division 2, Section 4.04.056 (a)
The interior of the stucture is deteriorated.
Repair/replace the interior structure and equipment to be
structurally sound and in a sanitary condition.
Chapter 4, Article 04, Division 2, Section 4.04.056 (b)
Interior.structural"members and walls are deteriorated.
Repair/replace all structural members so that they are
structurally soundand capable of supporting imposed loads.
Chapter 4, Article 04, Division 2, Section 4.04.056 (c)
Interior surfaces are dirty and unsanitary.
Clean all interior surfaces.
Chapter 4, Article 04, "Division 2, Section 4.04.056 d}
p (
Interior walking surfaces are deteriorated, dirty, and
Re air/re
p place'and.clean all interior walking surfaces.
unsanitary.
Chapter 4, Article 04, Division 2, Section 4.04.056 (f)
Interior doors are deteriorated.
Interior doors need to be repaired/replaced.
Chapter 4, Article 04, Division 2, Section 4.04.052 (d)
Grass and weeds are in excess of 8 inches.
Mow the grass:
Chapter 4, Article 04, Division 2, Section 4.04.052 (1)
Awning over the driveway is dilapidated.
Repair or remove the awning.
Board of Adjustments VIOLATION INVENTORY EXHIBIT A
May XX, 2024 230 E 6th St
Property ID: 1634137
CODE
VIOLATION
REMEDY
The structure is unsecure, dilapidated, and a hazard to
Repair the structure so that it is safe, secure, and fit for human
Chapter 4, Article 04, Division 1, Section 4.04.010
public health.
habitation.
Chapter 4, Article 04, Local Amendments to IPMC,
Brush, limbs, and a broken/fallen tree observed.
Remove brush/limbs and tree from the property.
Section 302.12 (4)
Chapter 4, Article 04, Division 2, Section 4.04.055 (c)
Address numbers are not visible:
Trim shrubs so the the address number are visible from the right
of way.
2015 International Fire Code, Section 304.1
Accumulation of combustible waste.
Remove the waste.
Danger of structural collapse or fire due to deterioration
Repair and/or replace the structural components in a manner to
2015 International Fire Code, Section 311.1
and unsecured access to the structure observed.
prevent collapse and fire...
2015 International Fire Code, Section 504.1
Acess to the structure is limited due to the overgrown
Trim or remove the vegetation so that the structure is
vegetation.
accessible.
2015 International Fire Code, Section 504.1
Premise Identification is obstructed by vegetation.
Trim or remove the vegetation so the address numbers are
visible from the right of way.
Wells must be plugged or capped in accordance with Title 16,
Texas Occupations Code, Section 1901.255
Abandoned well on the property.
Texas Administrative Code, Section 76.104 Capping and Plugging
Wells Standards.
City of Anna
120 W. 7th St.,
Anna, TX 75409
communityenhancement@annatexas.gov
To:
G W West
PO Box 867658
Plano, TX 75086-7658
DESCRIPTION
INVOICE
Invoice: 000100 CEC
AMOUNT
Date: 05/13/2024
Materials $1600.00
Site Work $1200.00
Frame Labor $5600.00
Administrative Fee $150.00
PAYMENT MUST BE SUBMITTED BY:
TOTAL
Make all checks payable to City of Anna
LIEN STATEMENT, NOTICE OF ORDER, AND AFFIDAVIT
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned a Nota
a Public in and for the State of Texas, on
this date personally appeared personally known to me and
appearing on behalf of the City of Anna, Texas ("City"), a home -rule municipal
corporation, executed this Lien Statement, Notice of Order, and Affidavit ("Affidavit"),
and being by me duly sworn and under oath, stated the following:
1. "My name is Michael Wherland I am over 18 years of age and of sound mind,
and have personal knowledge of all facts set forth in this affidavit.
2. 1 am the Community Enhancement and Compliance Manager for the City. In that
capacity, I have knowledge of issues relating to violations of the City's
regulations regarding public health and safety, property maintenance, and other
issues relating to enforcement of the various building codes adopted by the City.
I have been designated by the Mayor of the City to file statements of expenses
relating to City code enforcement activities in accordance with Section
4.04.008(e) of the Anna City Code of Ordinances ('Anna Code').
3. According to documents recorded in the deed records of Collin County, Texas, G
W West ('Owner) is the owner of real property located in the City of Anna, Collin
County, Texas, which is more particularly described as follows: 230 E. Sixth
Street, Anna, TX 75409 ('Property'). The Property is assigned the identifer
'1634137' and the Geographic ID R-6559-002-1180-1 in the Collin County
Appraisal District records. The single mailing address for the Owners of the
Property per the Collin County Appraisal District records is 'Po Box 867658,
Plano, TX 75086-7658.'
4. The legal description of the Property, which is 0.08 acres in size, more or less, is
ABS A0559 Guinn Morrison Survey, Sheet 2, Tract 118.
5. On May 17, 2024, proper notice of violations of the Anna Code (the 'Notice'),
Chapter 4 (Building Regulations), Article 4.04 (Property Maintenance Code),
Section 4.04.010 — Dangerous Structures was provided to the Owner of the
subject property that the City without further notice to the Owner could correct the
subsequent violation at the Owner's expense and assess the expense against
the property unless the City was informed in writing of an ownership change. The
City also secured the structure as an emergency repair and posted signage at
the Property giving notice that occupancy of the structure at the Property is
prohibited. On May 24, 2024, notice of the public hearing before the City's
LIEN STATEMENT, NOTICE OF ORDER, AND AFFIDAVIT — 230 E. Sixth St. —
Prop. ID #1634137 - Page 1 of 3
Building and Standards Commission regarding the condition of the Property was
sent to all those parties required by law.
6. On June 5, 2024, a public hearing was held before the Building and Standards
Commission of the City of Anna, Texas (`BSC'). Having provided notice to the
Owner as required by law, and allowing Owner, any other interested parties, and
the public with an opportunity to be heard, the BSC found that various unlawful
conditions existed on the Property, as detailed in the violation inventory attached
to this affidavit, which conditions were determined by the City to be a public
nuisance and in violation of applicable provisions of Property Maintenance Code
4.04 of the Anna Code. The BSC then approved its order, attached hereto as
Exhibit '1' and incorporated herein for all purposes (inclusive of its internal
exhibits and attachments, including without limitation the violation inventory,
'BSC Order') to issue that same day.
7. As provided in the Notice, and as authorized by 4.04.010(u) and (y) of the Anna
Code, work was done to secure the Property and abate the nuisances at a cost
incurred by the City through the date of October 25, 2022, as follows: $8,550.00
(eight thousand, five hundred and fifty dollars and zero cents). The BSC Order
assesses these expenses as a civil penalty and lien against the Property until
such time as the City has been reimbursed in accordance with Tex. Loc. Gov't
Code § 214.001(n).
8. As of the date of this Affidavit, no payments against the City's expenses have
been received, such that the current balance due is the full amount stated above.
9. By filing this Affidavit, the City hereby imposes a privileged assessment lien on
the above -described Property in the total amount of $8,550.00 plus any interest
permitted under Texas law. All applicable notice provisions, procedures, City
prerequisites required by law for the imposition of the charges and the affixing of
the lien have been complied with by the City.
10. In addition, by the filing of this Affidavit the City provides notice to all current and
future owners of the Property that various nuisance conditions exist thereon
which must be remedied within 30 days of the BSC Order. For each nuisance
condition which persists after this 30-day period, the City shall be authorized to
abate such nuisances, including but not limited to demolishing nuisance
structures and removal of debris, and thereafter assess a privileged assessment
lien on the above -described Property to recover its expenses plus any interest
permitted under Texas law. Owner, and any purchaser of the Property following
the date of recordation of this Affidavit, shall be deemed to have due notice of the
violations and BSC Order detailed in Exhibit 1, with failure to comply with the
time period specified therein subject to fines under Sec. 4.04.008(c) of the Anna
Code, with each day that the violation(s) continue after such notice constituting a
separate offense.
LIEN STATEMENT, NOTICE OF ORDER, AND AFFIDAVIT — 230 E. Sixth St. —
Prop. ID #1634137 - Page 2 of 3
11. Further this affiant sayeth not."
EXECUTED this 11 day of June, 2024.
City of Anna, Texas
By:
Michallel Wherland,
Code Compliance Officer
Subscribed and sworn to before me this —Ir day of t; 1� 20 2q
JEOVANNA RUBIO �
Notary Public, State of Texas Notary Public in and for the State of Texas
. Comm. Expires 10-03-2026
Notary ID 133995676
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me this �Jt day of J(t'
20�, by /�il1c.tciF',1 ��L lFicutci of the City of Anna, Texas, a home -rule
municipal corporation, for and on behalf of said corporation, for the purposes stated
therein.
JEOVANNA RUBIO in and f: Notary Public, State of TexasComm. Expires 10-03-2026C.�Nc�taryPublicor the State of Texas
Notary ID 133995676
After recording, return to:
ATTN: City Manager
City of Anna, Texas
120 W. 71h St.
Anna, Texas 75409
LIEN STATEMENT, NOTICE OF ORDER, AND AFFIDAVIT — 230 E. Sixth St. —
Prop. ID #1634137 - Page 3 of 3
City of Anna
Collin County, Texas
ORDER OF COMMISSION
Building and Standards Commission
Dangerous Structure Hearing
Re: 230 E. 61' Street, Anna, Texas
The City of Anna Building and Standards Commission ("BSC") having held a public hearing on the 5th day of June, 2024, for
the properly identified as: _230 E. 6"' Street, Anna, TX, Prop. ID 1634137 and
finding that proper notice of said public hearing was provided to the properly owner and all other interested parties, hereby
make the finding(s) that the aforementioned property:
❑ not be declared as a Dangerous Structure and no further action is necessary.
L✓J be declared as a Dangerous Structure and requiring the following work to be timely completed by the property owner:
Q Immediately remove all persons and properly located thereon, and secure the Dangerous Structure against
'nauthorized entry;
2/demolish the Dangerous Structure and remove all debris from demolition; and/or
2 make repairs sufficient to remedy all nuisance conditions and take additional actions as described below:
If the Structure is not demolished, timely perform all repairs listed in the violation inventory attached to this Order.
Anyandall work required under this Order must be completed by the properly owner within:
L✓j 30 days from the issuance of this Order;
❑ 30-90 days, specifically _ days from the issuance of this Order, requiring that specific time schedules for the
commencementand performance of the work be established, and the properly be secured while the work is being
performed; or
❑ More than 90 days, specifically _ days from the issuance of this Order, requiring that a detailed plan and time schedule
for the commencementand performance of the work be established, and regular progress reports be submitted to the
Commission on the following dates:
CIVIL PENALTY ASSESSED: The owner or owner's representative with control over the premises has received actual
notice of the provisions of the City's ordinances violated by the Dangerous Structure. Having received such notice, such
person(s) committed acts in violation of the ordinance or failed to take action necessary for compliance, such that the
Commission assesses civil penalty in the amount of $ $' i So
Failure to timely abide by or meet the requirements of this Order may result in the City of Anna undertaking to perform the
required work and a lien placed on the properly for associated expenses and/or additional civil penalties at the rate of a
maximum of $1,000 per day that the property owner fails to abide by or meet the requirements of this Order.
Adoption of this Order includes authorization of City of Anna staff to publish and issue notices relating to this Order, and to
exercise all authority provided by state law to secure the structure, abate the nuisance, and recover the City's expenses in so
doing should the owner fail to comply with the terms of the Order, including through imposition of a lien. City action may
include demolition of Dangerous Structures if the City determines the costs of repair would exceed the costs of such action
and removal of resulting debris.
BSC ORDER - 0 0 Page 1 of 2
Additional orders of the Commission:
S+6,'m Cfjfa, -6 bG PCMOA4.
Attached to this order are :3 additional pages detailing the work to be completed and/or providing time
schedules for the commencement and performance of the work, all incorporated herein as if set forth in full.
SO ORDERED BY MAJORITY VOTE OF THE COMMISSION ON THIS THE 51h day of June, 2024:
ATTEST:
*'f* *1913
BSC ORDER - 22 3 2�- 0 0 (O O ( Page 2 of 2
Board of Adjustments VIOLATION INVENTORY EXHIBIT A
May XX, 2024 230 E 6th St
Property ID: 1634137
CODE
VIOLATION
REMEDY
Chapter 4, Article 04, Division 2, Section 4.04.058 (a)
The owner of the premises has not kept the property in a
Clean the property so that it is in a sanitary condition.
clean and sanitary condition.
Chapter 4, Article 04, Division 2, Section 4.04.058 (b)
The owner has failed to dispose of combustible andnoncombustible
Dispose of all rubbish.
waste materials.
Repair or replace the exterior so that it is in good repair,
Chapter 4, Article 04, Division 2 Section 4.04.05S (a)
The exterior of the structure is deteriorated.
structurally sound and sanitary so as not to pose a threat to the
public health, safety 'or welfare.
Chapter 4, Article 04, Division 2, Section 4.04.055 (g)
The fascia and roof at the property are deteriorated.
Repair or replace the deteriorated fascia and roof.
Chapter 4, Article 04, Division 2, Section 4.04.055 (f)
The siding/exterior walls of the property are deteriorated.
Repair and/or replace the siding.
Repair exterior walls so that they are maintained plumb and free
Chapter 4, Article 04, Division 2, Section 4.04.055 (e)
Foundation walls are exposed to the elements.
from breaks and shall be kept in such condition so as to prevent
the entry of rodents and other pests.
Chapter 4, Article 04, Division 2, Section 4.04.055 (b)
There are exterior portions of the property not adequately
Paint unprotected surfaces.
protected by paint or other protective coatings.
Chapter 4, Article 04, Division 2, Section 4.04.055 (m)
The vast majority of windows are broken.
Replace all windows.
Chapter 4, Article 04, Division 2, Section 4.04.055 (q)
Exterior doors are damaged.
Repair/replace exterior doors. Doors must have locks and be
secured.
Chapter 4, Article 04, Division 2, Section 4.04.056 (a)
The interior of the stucture is deteriorated.
Repair/replace the interior structure and equipment to bestructurally
sound and in a sanitary condition.
Chapter 4, Article 04, Division 2, Section 4.04.056 (b)
Interior structural members and walls are deteriorated.
Repair/replace all structural members so that they are
structurally sound and capable of supporting imposed loads.
Chapter 4, Article 04, Division 2, Section 4.04.056 (c)
Interior surfaces are dirty and unsanitary.
Clean all interior surfaces.
Chapter 4, Article 04, Division 2.Section 4.04.056 (d)
Interior walking surfaces are.deteriorated, dirty and
Repair/replaceand clean all interior walking surfaces.
unsanitary.
Chapter 4, Article 04, Division 2, Section 4.04.056 (f)
Interior doors are deteriorated.
Interior doors need to be repaired/replaced.
Chapter 4, Article 04, Division, 2, Section 4.04:052 (d)
Grass and weeds are in excess of 8 inches.
Mow the grass.
Chapter 4, Article 04, Division 2, Section 4.04.052 (1)
Awning over the driveway is dilapidated.
Repair or remove the awning.
Board of Adjustments VIOLATION INVENTORY EXHIBIT A
May XX, 2024 230 E 6th St
Property ID: 1634137
CODE
VIOLATION
REMEDY
Chapter 4, Article 04, Division 1, Section 4:04.010
The structure is unsecure, dilapidated, and a hazard to
Repair the structure so that it is safe, secure, and fit for human
public health.
habitation.
Chapter 4, Article 04, Local Amendments to IPMC,
Brush, limbs, and a broken/fallen tree observed.
Remove brush/limbs and tree from the property.
ro
p p
Section 302.12 (4)
Chapter 4,Article 04, Division 2, Section'4:04.055 (c)
Address numbers are not visible:
Trim shrubs.solthe the address number are"visiblefrom the right
..:
of 'Way.
2015 International Fire Code, Section 304.1
Accumulation of combustible waste.
Remove the waste.
2015 International Fire Code, Section 311.1
Danger of structural collapse.or fire due to deterioration
Repair and/or replace.the structural components in a manner to
and unsecured access to the structure observed.
prevent collapse and fire.
2015 International Fire Code, Section 504.1
Acess to the structure is limited due to the overgrown
Trim or remove the vegetation so that the structure is
vegetation.
accessible.
2015 International Fire Code, Section 504.1
Premise Identification is obstructed by vegetation.
Trim or remove the vegetation so the address numbers are
visible from the right of way.
Wells must be plugged or capped in accordance with Title 16,
Texas Occupations Code, Section 1901.255
Abandoned well on the property.
Texas Administrative Code, Section 76.104 Capping and Plugging
Wells Standards.
City of Anna INVOICE
120 W. 5t.,
Anna, TXX 75409 Invoice: 000100 CEC
communityenhancement@annatexas.gov Date: 05/ 13/2024
To:
G W West
PO Box 867658
Plano, TX 75086-7658
DESCRIPTION AMOUNT
Materials $1600.00
Site Work $1200.00
Frame Labor $5600.00
Administrative Fee $150.00
PAYMENT MUST BE SUBMITTED BY: 05/27/2024
TOTAL $8550.00
Make all checks payable to City of Anna
ININllhlllllAAll
Recorded On: June 12, 2024 02:38 PM
Total Recording: $53.00
Collin County
Honorable Stacey Kemp
Collin County Clerk
Instrument Number: 2024000071048
Real Property
AFFIDAVIT
Number of Pages: 9
" Examined and Charged as Follows: "
*********** THIS PAGE IS PART OF THE INSTRUMENT **&" *****
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number:
Receipt Number:
2024000071048
20240612000598
Recorded Date/Time: June 12, 2024 02:38 PM
User: Dwayne K
Station: Station 11
Record and Return To:
CITY OF ANNA
120 W 7TH ST
ANNA TX 75409
STATE OF TEXAS
Collin County
I hereby certify that this Instrument was filed in the File Number sequence on the date/time
printed hereon, and was duly recorded in the Official Public Records of Collin County, Texas
Honorable Stacey Kemp
Collin County Clerk
Collin County, TX