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GOOD EVENING.WE ARE JUST A FEW MINUTES PAST SIX O'CLOCK, SO SORRY FOR OUR DELAY, BUT WE'RE GONNA GO AHEAD AND KICK OFF TONIGHT'S MEETING OF THE BUILDING AND STANDARDS COMMITTEE OF DESOTO, TEXAS 6 0 3 ON NOVEMBER 13TH, 2025.
I'M GOING TO, UM, ASK THAT WE STAND FOR THE PLEDGE OF ALLEGIANCE.
FOR A REGULAR SESSION TONIGHT.
THE FIRST THING WE HAD ON THE AGENDA WAS THE CEREMONIAL SWEARING IN OF NEWLY APPOINTED MEMBERS.
WE'RE ACTUALLY GONNA MOVE THAT TO THE END OF TONIGHT'S AGENDA.
SO THE SECOND, OH, WE'LL SCRAP IT.
WE'LL ACTUALLY SCRAP THAT FOR THIS EVENING.
[2. Selection of a Chairperson for the Building and Standards Commission, in accordance with Section 3.801 of the City of DeSoto Code of Ordinances]
THE SECOND ITEM ON THE AGENDA IS TO SELECT A CHAIRPERSON FOR THE BUILDING AND STANDARDS COMMISSION.AND ACCORDING WITH SECTION 3.80, ONE OF THE CITY OF DESOTO COURT, UH, CODE OF ORDINANCES.
AND I GUESS I'LL GO AHEAD AND READ ITEM NUMBER THREE AS WELL.
WE'LL SELECT A VICE CHAIR AS WELL.
IF, IF YOU WANNA DO THE CHAIR FIRST.
AND WE'LL HAVE A PRESENTATION AND THEN WE CAN JUMP TO THE NEXT ITEM.
THANK YOU SO MUCH, COMMISSIONERS.
THANK YOU FOR COMING IN TONIGHT.
I'M THE DIRECTOR OF THE DEVELOPMENT SERVICES DEPARTMENT.
UM, LIKE MS. BARNETT MENTIONED, GOING TO SKIP ITEM NUMBER ONE.
WE'RE GONNA GO TO ITEM NUMBER TWO FOR, UH, ELECTION OF THE CHAIR.
WE HAVE A, A QUICK PRESENTATION FOR Y'ALL.
LET ME PUT THAT ON THE SCREEN.
GONNA GO AHEAD AND COVER THE FIRST PAGE ELECTION OF THE CHAIR, UH, PER ARTICLE NUMBER, UM, 3.8.
THIS IS THE BUILDING REGULATION CHAPTER THREE OF DESOTO CODE AND, UM, 3.8, THE BUILDING AND STANDARD COMMISSION.
UM, PER THIS ARTICLE, THE CHAIR, VICE CHAIR ARE TO BE ELECTED BY REGULAR COMMISSION MEMBERS ONLY.
UM, IT'S RIGHT HERE ON THE SCREEN.
THE CHAIRPERSON IS SELECTED BY MAJORITY VOTES OF THE COMMISSION.
AND AT PROPERLY POSTED MEETING, THIS IS A PROPERLY POSTED MEETING.
WE FOLLOW THE STATE REGULATIONS AND, AND STATE ORDINANCE, CITY ORDINANCES.
AND THEN THE SELECTED CHAIRPERSON WILL SERVE UNTIL THE NEXT ANNUAL SELECTION OR UNTIL ANOTHER PERSON IS SELECTED.
CHAIRPERSON DUTIES AND RESPONSIBILITIES.
WE'LL HAVE A TRAINING TONIGHT AND, UH, MR. ASSISTANT CITY ATTORNEY WILL GO OVER DECENT DETAILS.
THIS IS JUST KIND OF TO GIVE YOU A QUICK, UM, IDEA OF THE DUTIES AND RESPONSIBILITIES OF THE CHAIRPERSON, KIND OF RESPONSIBLE FOR, YOU KNOW, FOR THE SESSION, FOR THE MEETING, AND, YOU KNOW, FACILITATE FACILITATING THE PUBLIC HEARINGS.
UM, ENSURE EVERYTHING IS, YOU KNOW, PART OF THE CITY ORDINANCES AND, UM, SERVE AS A PRIMARY POINT OF CONTACT BETWEEN STAFF AND THE COMMISSION.
ALSO PLAY A KEY LEADERSHIP ROLE IN MAINTAINING PROCEDURAL FAIRNESS, TRANSPARENCY, AND PUBLIC CONFIDENCE IN, IN THE COMMISSION'S DECISION.
THIS IS ONE OF OUR VERY IMPORTANT COMMISSIONS, UH, COMMISSIONERS TONIGHT, YOU'RE GOING TO ACTUALLY MAKE DECISIONS ON BEHALF OF, UH, CITY COUNCIL AND THE RESIDENTS.
UM, YOU KNOW, BUILDING A CENTER COMMISSION DOESN'T ORIGINALLY DOESN'T MAKE RECOMMENDATION, BUT ACTUALLY MAKES, UH, DECISIONS ON BEHALF OF CITY COUNCIL AND THE RESIDENTS.
I'M GONNA GO AHEAD AND, UH, RECOMMEND THAT, YOU KNOW, COMMISSIONER, MAKE A MOTION AND, AND GO THROUGH THE PROCESS TO ELECT A CHAIR.
UH, WE DID MENTION THAT ONLY REGULAR MEMBERS OF THE BOARD CAN BE ELECTED TO A CHAIR OR VICE CHAIR POSITION FOR, UH, THE COMMITTEE.
SO I'D LIKE TO MAKE A MOTION THAT WE OPEN UP NOMINATIONS FOR CHAIR OF THE BUILDING AND STANDARDS COMMISSION.
SO WITH TWO REGULAR MEMBERS HERE THIS EVENING,
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DOES ANYBODY NO, WE DON'T THINK WE HAVE.NO, I THINK PER OUR RECORD, WE DIDN'T SEE THAT.
WE HAVE A CHAIR AND VICE CHAIR FOR THIS COMMISSION.
TANIKA, DO YOU HAVE A PREFERENCE? UM, NO.
I WOULD ACTUALLY, UH, LIKE TO RECOMMEND THAT YOU BE CHAIR.
I RECOMMEND THAT YOU BE VICE CHAIR
WE DO HAVE A, UH, RECOMMENDATION THAT I, AND I'M LASH BURNETT, UH, TAKE ON THE ROLE AS CHAIR OF THE BUILDING AND STANDARDS COMMITTEE.
SHOULD I OPEN THIS UP FOR A VOTE OR ARE THERE ANY MORE NOMINATIONS FOR CHAIR? OKAY.
I'LL OPEN IT UP FOR A MOTION AND I'LL TAKE ON THE ROLE OF CHAIR FOR THE BUILDING AND STANDARDS COMMITTEE.
MAY I HAVE A MOTION? I WILL MAKE A MOTION SINCE THERE'S TWO OF US.
UM, I WILL OPEN IT UP FOR A VOTE.
IS EVERYONE IN AGREEMENT? YOU WON'T HURT MY FEELINGS, BUT
[3. Selection of a Vice-Chairperson for the Building and Standards Commission in accordance with Section 3.801 of the City of DeSoto Code of Ordinances.]
WE WILL MOVE ON TO ITEM NUMBER THREE, THE SELECTION OF A VICE CHAIR PERSON FOR THE BUILDING AND STANDARDS COMMISSION IN ACCORDANCE WITH SECTION 3.80, ONE OF THE CITY OF DESOTO COURT OF THE CODE OF ORDINANCES.DO WE HAVE A PRESENTATION FOR THAT AS WELL? YES, IT'S, UH, WE HAVE PRETTY MUCH A SIMILAR PRESENTATION.
I'M GONNA GO OVER THIS, YOU KNOW, REALLY QUICK.
CHAPTER THREE, BUILDING REGULATIONS.
UM, SUBCHAPTER EIGHT BUILDING IN THE STANDARD COMMISSION.
UM, CH CHAIR AND VICE CHAIR ARE TO BE ELECTED BY REGULAR MEMBERS ONLY VICE CHAIR IS SELECTED BY THE MAJORITY OF THE VOTE AS WELL, AND IT WOULD HAVE TO BE BY REGULAR MEMBERS.
UM, CHAIRPERSON DUTIES, UM, IT, THE DUTIES OF THE, OF THE VICE CHAIRPERSON WOULD BE THE SAME THING AS THE CHAIRPERSON, YOU KNOW, WITH ONE CONDITION AND THE ABSENCE OF THE CHAIRPERSON.
SO THE CHAIRPERSON IS NOT HERE, THE VICE CHAIR WILL HAVE THE SAME ROLES AND RESPONSIBILITIES.
ANOTHER KEY ROLE IS, UM, SERVES AS THE SECONDARY POINT OF CONTACT.
SO A LOT OF TIMES WHEN WE HAVE JOINT MEETINGS WITH OTHER COMMISSIONER, COMMISSIONS AND BOARDS, THEN THE CHAIR AND THE VICE CHAIR WILL SHOW UP.
THEN OUR RECOMMENDATION WILL BE THE SAME TO GO AHEAD AND ELECT THE VICE CHAIR FOR THE BUILDING AND STANDARD COMMISSION.
I MAKE A RECOMMENDATION THAT WE NOMINATE COMMISSIONER DARDEN TO BE OUR VICE CHAIR OF THIS BOARD.
ARE THERE ANY OTHER NOMINATIONS FOR THIS POSITION?
SO, UH, I'LL TAKE A VOTE FOR NOMINATING COMMISSIONER DARDEN TO THE ROLE OF VICE CHAIR.
SO, ALL IN FAVOR, AND THAT WOULD BE A WRAP.
[C. TRAINING Training and overview of the Building and Standards Commission role, responsibilities, procedure, and protocols.]
HAD OUR TRAINING.ARE WE DOING ANY MORE TRAINING FOR ROLES? OKAY.
UM, THE TRAINING WILL BE PROVIDED BY THE MR. UH, ASSISTANT CITY ATTORNEY.
UH, MR. SMITH, I'M GONNA ASK HIM TO COME TO THE PODIUM.
UM, WE WANTED TO PROVIDE Y'ALL A QUICK LITTLE RECAP TRAINING OR INITIAL TRAINING IF YOU'RE NEW.
UM, SHOULDN'T BE TOO, TOO BURDENSOME.
WE CAN PROBABLY GO THROUGH THIS PRETTY QUICKLY.
UM, ONCE THEY GET THIS UP, MAY I ASK A QUESTION ABOUT ROLES? AND CALEB, YOU CAN TELL ME IF THIS NEEDS TO WAIT, BUT SINCE WE HAVE TWO ALTERNATES THAT ARE TYPICALLY HERE, WHAT WOULD THE PROCESS BE TO MAKE THEM REGULAR MEMBERS INSTEAD OF ALTERNATES?
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THEY WOULD HAVE TO BE, THOSE FULL POSITIONS WOULD HAVE TO BE VACATED AND THEN ELEVATED TO FULL.ARE WE ABLE TO TAKE ANY QUESTIONS FROM THE AUDIENCE NOW, OR SHOULD WE WAIT FOR, UH, CITIZEN APPEARANCES? WE'LL WAIT.
UM, AND Y'ALL FEEL FREE TO JUST SHOUT QUESTIONS OUT AT ME IF YOU HAVE ANY AS WE GO THROUGH THIS.
UM, AND REMEMBER, YOU ARE ALSO ON THE ZBOA.
UM, THIS ISN'T GONNA COVER BOTH OF THOSE.
IT'S JUST GONNA BE FOR BUILDING STANDARDS COMMISSION FOR TONIGHT.
SO A COUPLE OF THINGS YOU ALREADY KIND OF COVERED.
UM, I'M NOT GONNA TALK TOO MUCH ABOUT THE CHAIRMAN.
SHE KNOWS WHAT SHE KNOWS WHAT SHE'S DOING.
UM, ONE OF THE MAIN THINGS IS TO RUN THE MEETING LIKE YOU'VE BEEN DOING, UM, REGULATE TALK.
UM, AND THOSE, THAT GOES FOR THE OTHER MEMBERS AS WELL.
JUST, JUST BE AWARE OF, YOU KNOW, HOW YOU'RE SPEAKING.
WE'RE NOT HERE TO BICKER AND FIGHT, UM, TO PERSONALLY ATTACK OTHER MEMBERS OR MEMBERS OF THE PUBLIC.
UM, AND JUST MAKE SURE TO TREAT ALL PERSONS SIMILARLY, WHEN WE'RE UP HERE, UM, WHEN WE'RE, YOU KNOW, HEARING OUR CASES AND, UM, LISTENING TO THE CITIZENS.
SO MOST OF WHAT Y'ALL DO IS DEALS WITH PUBLIC HEARINGS.
UM, THESE ALLOW THE PRESENTATION OF EVIDENCE AND OPINION FROM BOTH SIDES, RIGHT? SO THIS BOARD'S UNIQUE IN THE FACT THAT IT'S ALMOST BETTER TO THINK OF IT AS QUASI COURT.
UM, YOU KNOW, EACH CASE IS GONNA BE HEARD LIKE IT'S A COURT CASE, AND THERE WILL BE OFFICIAL ORDERS JUST LIKE THERE WOULD IN A COURT CASE.
AND Y'ALL ARE A PANEL OF JUDGES MORE OR LESS.
UM, REMEMBER IN PUBLIC HEARINGS, NUMBERS DON'T ALWAYS COUNT.
UM, A VOCAL MINORITY OFTEN FILLS A PUBLIC HEARING, BUT JUST USE YOUR BEST JUDGMENT AND YOUR OPINION ON WHAT YOU THINK YOUR ROLE IS, WHAT YOU'RE AUTHORIZED TO DO, AND THEN PRIMARILY HOW YOU FEEL, UM, TO VOTE ON AN ITEM BASED ON EVERYTHING THAT YOU'VE HEARD AND WHAT YOUR ROLE IS.
UM, BE CAREFUL IN ALLOWING, UH, CONVERSATIONS BETWEEN SPEAKERS AND COMMISSION MEMBERS.
UM, THIS IS A LITTLE DIFFERENT BECAUSE THERE IS A KIND OF A QUESTION AND ANSWER PORTION.
UM, BECAUSE IF WHICHEVER SIDE PRESENTS EVIDENCE, WHETHER THAT BE THE CITY, THE PROPERTY OWNER, A LIEN HOLDER, WE'LL GET INTO THAT LATER.
UM, YOU CAN ASK THEM QUESTIONS.
UM, SO I'M MORE JUST TALKING ABOUT MAYBE THIRD PARTIES THAT ARE UNRELATED.
AND THEN WHEN WE HAVE OUR JUST MAIN CITIZEN COMMENT SECTION, IF THAT'S ON THE AGENDA, UM, SPEAKERS ARE NOT HERE TO ADDRESS THE AUDIENCE.
UM, SO AGAIN, THIS JUST GOES TO THE CHAIR TO KIND OF REGULATE, UH, MONITOR THE MEETING AND GUIDE THAT MEETING TO MAKE SURE, UM, IT'S CONDUCTED PROPERLY AND, AND WITH PROPER DECORUM.
REMEMBER, WHEN YOU'RE VOTING, UM, YOU ARE NOT REQUIRED TO GIVE A REASON FOR YOUR VOTE.
IN FACT, IT IS NOT REALLY RECOMMENDED THAT YOU DO THAT.
UM, IF YOU DO DECIDE TO DO THAT, MAKE SURE THE REASON THAT YOU'RE GIVING ISN'T A REASON THAT'S PROHIBITED BY LAW FOR WHY YOU VOTED.
UM, SO THAT'S JUST KIND OF WHY IT'S A GOOD RULE OF THUMB.
MAYBE IT'S NOT BEST TO GIVE YOUR REASONING.
YOU'RE FREE TO, BUT YOU DON'T HAVE TO.
AND THAT GOES FOR AFTER THE FACT AS WELL.
YOU NEVER HAVE TO TELL ANYONE WHY YOU VOTED ONE WAY OR THE OTHER.
ALL RIGHT? EVERY REGULAR SPECIAL CALLED MEETING, UM, ANY GATHERING IN WHICH THERE'S A QUORUM OF YOU, UM, IS SUBJECT TO THE OPEN MEETINGS ACT.
UM, UNLESS THERE'S A CLOSED MEETING AUTHORIZED BY LAW, ESSENTIALLY THAT MEANS AN EXECUTIVE SESSION.
I CAN'T REALLY THINK OF A REALLY GOOD REASON OR A REASON MUCH AT ALL, WHY Y'ALL WOULD EVER CONVENE AN EXECUTIVE SESSION OR HAVE A CLOSED SESSION.
BUT IF THAT EVER CAME UP, WE WOULD DEFINITELY ADDRESS THAT THEN.
UM, BUT THAT'S THE ONLY TIME IF WE'RE IN EXECUTIVE SESSION, A CLOSED SESSION THAT WE DO NOT HAVE TO, UM, BE OPEN TO THE PUBLIC.
SO GOVERNING BODY, UM, THAT'S WHO'S SUBJECTED TO THE OPEN MEETINGS ACT.
YOU ARE A QUASI-JUDICIAL BOARD OF THE GOVERNING BODY.
SO, AS SUCH, THAT'S WHY Y'ALL ARE SUBJECT
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TO THE ACT.UM, AND THAT GOES FOR ALL THE BOARDS THAT YOU'RE ON.
UM, SINCE Y'ALL ARE DUAL APPOINTED, JUST REMEMBER ANY DISCUSSIONS OR DELIBERATIONS BETWEEN A QUORUM, UM, OR BETWEEN A QUORUM AND ANOTHER PERSON REGARDING ANY PUBLIC BUSINESS OR POLICY, WHICH THIS BOARD OR YOUR ZBOA HAS ANY AUTHORITY OR CONTROL OVER, UM, IS PROHIBITED UNLESS THAT'S AN ADVERTISED PROPER MEETING.
SO IF THERE'S EVER A QUORUM OF YOU, MAKE SURE THAT YOU ARE NOT DISCUSSING OFFICIAL BUSINESS.
UM, THE DEFINITION OF DELIBERATION IS RIGHT THERE.
IT'S A VERBAL EXCHANGE DURING A MEETING OR A QUORUM, UM, OR BETWEEN A QUORUM AND ANOTHER PERSON REGARDING PUBLIC BUSINESS OR POLICY.
YOU CANNOT HAVE SECRET DELIBERATIONS.
UM, SO THAT MEANS NO DELIBERATE TELEPHONE DELIBERATIONS CONTACTING MEMBERS, UM, FOR THE PURPOSE OF DEVELOPING THE CONSENSUS, THAT'S KIND OF CALLED A WALKING QUORUM.
YOU'RE GOING DOWN THE LINE AND ESSENTIALLY TALKING AS A GROUP, UH, WITHOUT ACTUALLY PHYSICALLY BEING PRESENT, UM, IN A GROUP.
SO THAT'S STILL GOING TO COUNT AND YOU CANNOT DO THAT.
UM, WE CANNOT USE EMAIL, TEXT MESSAGES, PHONE CALLS TO ARRIVE AT A DECISION.
UM, AND EVEN IF YOU'RE MEETING IN THE LESS THAN THE QUORUM FOR THE PURPOSE OF SUCH SECRET DELIBERATIONS, YOU CAN'T DO THAT EITHER.
SO EVEN IF THERE'S TWO OF YOU AND THEN ONE OF THAT TWO GOES TO ANOTHER TWO, CAN'T DO THAT EITHER.
NOW SPECIFICALLY TO THE BUILDING STANDARDS COMMISSION, THIS IS GONNA KIND OF GO OVER WHAT Y'ALL ARE AUTHORIZED TO DO.
UM, KIND OF THE PROCESS FOR GOING ABOUT THAT.
UM, THE BUILDING STANDARDS COMMISSION PRIMARILY DEALS WITH WHAT WE'RE HERE FOR TONIGHT, WHICH IS SUBSTANDARD STRUCTURES.
YOU DO HAVE A FEW OTHER TASKS THAT YOU COULD DO, UM, AS GRANTED IN THE CITY ORDINANCES.
THAT'S, THOSE REALLY ARE FEW AND FAR BETWEEN.
I'LL KIND OF BRIEFLY TALK ABOUT A COUPLE OF THEM.
BUT PRIMARILY WHAT YOU'RE GONNA DO IS YOU'RE GONNA HEAR SUBSTANDARD CASES LIKE THIS, OR DANGEROUS CONDITION CASES LIKE WE ARE HERE FOR TONIGHT.
AND THAT'S PRIMARILY WHAT I'M GONNA GO THROUGH IN THE PROCESS FOR THAT.
ALRIGHT, SO YOU ARE CREATED PURSUANT TO THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 54, UM, AND YOUR, YOUR GUIDELINES AND YOUR AUTHORIZATION LIE WITHIN THAT CHAPTER 54.
UM, THIS COMMISSION IS USED TO ENFORCE AND OBTAIN COMPLIANCE ON HEALTH, SAFETY AND GENERAL PUBLIC WELFARE WELFARE REGULATIONS.
UM, AND THAT'S USUALLY AFTER AN OPPORTUNITY TO CURE.
SO WHEN THE CITY CAN'T DO IT ON ITS OWN ADMINISTRATIVELY OR THEY'RE NOT GETTING COMPLIANCE, OR THERE'S TOO DANGEROUS OF AN ISSUE OR SOMETHING LIKE THAT, THAT'S WHEN, UM, Y'ALL STEP IN.
SO, LIKE I SAID A MINUTE AGO, YOU KNOW, Y'ALL'S DECISIONS ARE QUASI-JUDICIAL.
I MEAN, IT'S ESSENTIALLY A COURT ORDER AND THEN THAT CAN BE APPEALED UP IN DISTRICT COURT, JUST LIKE ANY OTHER CASE COULD.
ALRIGHT, I THINK WE KIND OF WENT THROUGH THIS.
UM, REMEMBER THERE'S FIVE MEMBERS THERE ARE, YOU SERVE A TWO YEAR TERM, UM, APPOINTED BY THE CITY COUNCIL.
THANK YOU FOR BEING HERE,
ANY, UM, CASE TO BE HEARD BY THE COMMISSION MUST BE HEARD BY AT LEAST FOUR MEMBERS.
UM, WHAT ARE YOUR POWERS AND FUNCTIONS? UM, GENERALLY SPEAKING, YOU ARE HERE TO ENFORCE CODES FOR THE PRESERVATION OF PUBLIC SAFETY RELATING TO MATERIALS OR METHODS USED TO CONSTRUCT A STRUCTURE, FIRE SAFETY OF A BUILDING OR IMPROVEMENT, DANGER, DANGEROUSLY DAMAGED OR DETERIORATED BUILDINGS OR IMPROVEMENTS.
UM, THAT'S USUALLY WHAT YOU'LL SEE THAT ITEM.
UM, CONDITIONS CAUSED BY THE ACCUMULATION OF REFUSE, REFUSE OR OTHER MATTER THAT CREATES BREEDING AND OR LIVING SPACES FOR MOSQUITOES AND OR BUILDING CODE OR THE CONDITION USE APPEARANCE OF A PROPERTY IN THE CITY.
ALRIGHT, MORE SPECIFICALLY AND KIND OF, THIS IS EXACTLY WHAT CHAPTER 54 SAYS.
AND, AND THIS CODE OF ORDINANCES ON WHAT Y'ALL ARE AUTHORIZED TO DO, UM, CHAPTER FOUR SPECIFICALLY AUTHORIZES Y'ALL TO ORDER THE REPAIR WITHIN A FIXED PERIOD OF BUILDINGS FOUND TO BE IN VIOLATION OF A CITY ORDINANCE.
DECLARE A BUILDING SUBSTANDARD IN ACCORDANCE WITH THE POWERS GRANTED IN CHAPTER 54, ORDER AND APPROPRIATE CASES THAT IMMEDIATE REMOVAL OF PERSONS OR PROPERTY FOUND ON PRIVATE PROPERTY
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ENTER ON PRIVATE PROPERTY TO SECURE THE REMOVAL.IF IT IS DETERMINED THAT CONDITIONS EXIST ON THE PROPERTY THAT CONSTITUTE A VIOLATION OF AN ORDINANCE, AN ORDER ACTION TAKEN TO BE TAKEN IS NECESSARY FOR REMEDY, ALLEVIATE, OR REMOVE ANY SUBSTANDARD BUILDING FOUND TO EXIST.
SO ESSENTIALLY Y'ALL CAN ORDER THE REMOVAL OF PEOPLE PROPERTY AND DESTRUCTION AND OR REPAIR OF PROPERTY IF SOME SORT OF DANGEROUS OR UNSAFE CONDITION EXISTS CONTINUING ON.
Y'ALL CAN'T ISSUE ORDERS OR DIRECTIVES TO ANY PEACE OFFICER OF THE STATE, UM, TO ENFORCE AND CARRY OUT YOUR LAWFUL ORDERS AND DIRECTIVES.
AND YOU CAN DETERMINE AND ASSESS THE AMOUNT AND DURATION OF CIVIL PENALTIES THE MUNICIPALITY MAY RECOVER IN ACCORDANCE WITH CHAPTER 54.
UM, IF WE DO THAT, WE MUST SHOW THAT THE DEFENDANT WAS NOTIFIED OF THE PROVISIONS BEING VIOLATED AND THAT AFTER VIOLATION THEY FAILED TO CURE.
UM, YOU CAN ALSO ISSUE PENALTIES IN, IN YOUR ORDERS AS WELL AND ASSESS THOSE LATER ON DOWN THE LINE, WHICH IS OUR COUPLE, YOUR CASES TONIGHT AS WELL.
UM, THESE ARE SOME OF THE OTHER THINGS THAT THE CITY ORDINANCES, CITY ORDINANCE ALLOWS YOU TO DO.
SO, REMOVAL, DEMOLITION OF A STRUCTURE, VIOLATING THE ORDINANCE AND ORDER REPAIR BY THE PROPERTY OWNER LIEN HOLDER, UM, OR MORTGAGEY, INSTEAD, A REASONABLE TIME TO COMPLY WITH THAT ORDER.
YOU CAN REQUIRE THE REDUCTION OF OCCUPANCY LOAD OR THE NUMBER OF TENANTS OR OCCUPANTS IN AN OVERCROWDED STRUCTURE.
YOU CAN REQUIRE THE VACATION OF A STRUCTURE THAT IS REASONABLY DANGEROUS TO THE HEALTH, HEALTH, SAFETY, OR WELFARE OF THE OCCUPANTS.
UM, YOU CAN REQUIRE THE DANGEROUS CORRECTION.
YOU CAN REQUIRE CORRECTION OF A DANGEROUS CONDITION ON THE LAND AND, UM, YOU CAN UPHOLD THE DETERMINATION OF AN ORDER OF THE APPROPRIATE ENFORCEMENT AUTHORITY OF THE CITY.
SO ESSENTIALLY AN ADMINISTRATIVE APPEAL IN CERTAIN CASES WOULD COME TO Y'ALL.
ALRIGHT, WHEN WE HAVE THE HEARING RIGHT, HOW DOES THAT GO? WHAT'S THE STRUCTURE OF THAT? ANY WHAT BEFORE I MOVE ON? ANY QUESTIONS ON WHAT YOU'RE ALLOWED TO DO OR WHAT, WHAT YOUR POWERS AND AUTHORITY ARE? NO.
SO THE ITEMS WE'RE HERE FOR TONIGHT, WE HAVE FOUR HEARINGS.
UM, THIS IS KIND OF, KIND OF GENERALLY GO THROUGH WHAT, WHAT THOSE HEARINGS ENCOMPASS AND HOW WE GO THROUGH THOSE.
UM, FIRST, HOW DOES SOMETHING EVEN MAKE IT TO Y'ALL? UM, THERE'S A LOT OF STEPS BEFORE IT GETS HERE, RIGHT? A LOT OF, A LOT THAT THE CITY'S TRYING TO DO TO REMEDY THIS WITHOUT BRINGING IT TO YOU.
SO STARTING OFF, SOMEONE IN THE CITY HAS NOTICED SOME SORT OF VIOLATION OF CITY ORDINANCE OR OTHER HEALTH CODE ITEMS. UM, YOU KNOW, THEY'LL THEN TRY TO WORK WITH THE PROPERTY OWNER OR TENANT OR WHOEVER TO REMEDY THOSE PROBLEMS, CURE THOSE PROBLEMS, AND THEY'LL GIVE THEM TIME TO DO SO.
UM, CITY WILL GO OUT, TRY TO VERIFY COMPLIANCE, MAYBE REACH OUT AGAIN, TRY TO WORK WITH PROPERTY OWNER, RESIDENT, WHATEVER, TO, TO COME WITH THOSE, GIVE THEM, YOU KNOW, A NOTICE OF NON-COMPLIANCE.
IF, IF THEY'RE STILL NOT IN COMPLIANCE, TRY TO WORK WITH THEM SOME MORE.
UM, IF THAT'S, IF THAT DOESN'T WORK, THEY'RE NOT GETTING ANYWHERE OR THERE'S JUST TOO MANY ISSUES OR TOO DANGEROUS MAYBE OF A STRUCTURE, UM, YOU KNOW, WE'LL, WE'LL HAVE A HEARING.
UM, SO WE'LL, WE'LL, WE'LL NOTICE THE HEARING ACCORDING TO THE CODE AND THEN WE'LL HAVE OUR HEARING TONIGHT.
Y'ALL WILL THEN ISSUE ORDERS AND THE CITY WILL KIND OF GO THROUGH THAT PROCESS AGAIN.
WE'LL SEE IF, YOU KNOW, THE ORDERS ARE COMPLIED WITH, MAYBE WE'LL HAVE ANOTHER HEARING TO, UM, DETERMINE IF, YOU KNOW, IF Y'ALL ISSUE SOMETHING LIKE REPAIR WITHIN 30 DAYS AND THEN COME BACK FOR ANOTHER HEARING AND THEN WE WILL GO THROUGH EVERYTHING AGAIN.
MAYBE THAT'S WHAT, AND SO STAFF WILL FIGURE THAT OUT.
UM, OR THEY'LL, STAFF WILL RECOGNIZE, HEY, THEY DIDN'T COMPLY WITH THE ORDERS, MAYBE WE NEED TO HAVE ANOTHER HEARING.
UM, AND THEN AGAIN, WE'RE JUST VERIFYING COMPLIANCE, MAKING SURE.
NOW AT THIS POINT WE'RE COMPLYING WITH YOUR ORDERS, WHICH ARE MOST LIKELY TO COMPLY WITH THE, UM, APPROPRIATE ORDINANCES.
IF ALL THAT FAILS, UM, WE MAY HAVE TO FILE AN OFFICIAL LAWSUIT, UM, IN, IN COURT TO MAYBE GET AN INJUNCTION OR SOMETHING LIKE THAT, UM, IN ORDER TO EITHER GET ON THE PROPERTY OR ORDER REPAIR OR SOMETHING LIKE THAT.
SO WE, WE CAN KIND OF GO ABOVE Y'ALL AS WELL AND FILE AN OFFICIAL LAWSUIT.
UM, SO IF, YOU KNOW, THE CITY HAS ASKED
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FOR REPAIRS OR DEMOLITION TO OCCUR, AND THAT HAS NOT COMMENCED UPON, YOU KNOW, NOTICE, NOTICE SERVE BY THE BUILDING OFFICIAL, UM, CODE SAYS THAT BUILDING OFFICIAL SHALL COMMENCE PROCEEDINGS BEFORE THE COMMISSION.UM, WHICH IS WHAT, WHICH IS WHAT WE'VE DONE AT THAT POINT.
A PUBLIC HEARING SHALL BE SCHEDULED BEFORE, BEFORE YOU, EXCEPT WHERE THE BUILDING OFFICIAL HAS DETERMINED THAT THE BUILDING IS LIKELY TO IMMEDIATE IS LIKELY TO HAVE IMMEDIATE ENDANGERED TO PERSONS OR PROPERTY.
SO THERE IS KIND OF A WAY TO AVOID Y'ALL.
UM, IF THERE'S SOMETHING EX EXTREMELY DANGEROUS THAT WE, YOU KNOW, CAN'T MEET THE NOTICE PROVISIONS OF THE BUILDING OFFICIAL CAN MAKE AN EMERGENCY DETERMINATION.
AND IN RARE INSTANCES, UM, OBVIOUSLY THAT'S NOT WHAT HAPPENED TONIGHT BECAUSE WE ARE HERE TO HEAR CASES.
SO, BUT JUST KIND OF KEEP THAT IN MIND.
UM, BUILDING OFFICIAL CAN IN CERTAIN CIRCUMSTANCES, ESSENTIALLY TAKE THE PLACE OF, UH, BEFORE WE HAVE A HEARING, THAT BUILDING OFFICIAL HAS TO CONDUCT A TITLE SEARCH SO THAT WE IDENTIFY THE PROPERTY OWNER, ANY LIEN HOLDERS, UM, MORTGAGEY, ANYTHING LIKE THAT, ANY INTERESTED PARTY THAT HAS A STAKE IN THE PROPERTY, UM, TENANTS, IF POSSIBLE.
THE REQUIRED NOTICE IS ESSENTIALLY 10 DAYS.
WE'VE GOTTA, WE, WE'VE GOTTA PUBLISH THAT NOTICE IN THE NEWSPAPER.
WE'VE GOT TO POST IT ON THE FRONT DOOR OF ANY IMPROVEMENT, IF ANY, ON THE PROPERTY.
UM, AND WE HAVE TO EITHER HAND DELIVER OR CERTIFY MAIL, UM, THAT NOTICE TO ALL THE INTERESTED PARTIES, NOT JUST ONE OF THEM.
IF WE FIND MORE THAN ONE INTERESTED PARTY, SO SAY THERE'S, YOU KNOW, THE OWNER, A TENANT AND A LIEN HOLDER, THEY'VE ALL GOTTA GET THIS NOTICE.
UM, WE ALSO CAN POST IN THE PROPERTY RECORDS AS WELL JUST TO KIND OF NOTIFY EVERYONE, MAYBE EVEN NOTIFY POTENTIAL BUYERS.
UM, KIND OF GONE THROUGH THIS, REMEMBER THIS IS PART PUBLIC HEARING AND ESSENTIALLY PART COURTROOM EXAMINATION.
UM, YOU KNOW, THE COMMISSION'S GONNA KIND OF GUIDE THAT DISCUSSION, BUT THERE'S GONNA BE KIND OF STEP BY STEPS GENERALLY SPEAKING.
YOU KNOW, WE WILL HAVE WHAT WE'RE DOING TONIGHT.
WE'LL OPEN, YOU KNOW, OPEN THE MEETING, DO PRELIMINARY MATTERS, AND THEN WE'LL WORK THROUGH EACH CASE.
SO EACH CASE, UM, WE'LL OPEN THE HEARING FOR, UM, USUALLY WE'LL HAVE PRESENTATION OF EVIDENCE BY BOTH SIDES OR IF THERE'S LIEN HOLDERS MORE THAN BOTH SIDES.
SO USUALLY ONE PARTY IS OBVIOUSLY THE CITY.
THEY'RE ALWAYS PRETTY MUCH GOING TO PRESENT EVIDENCE TO YOU.
UM, 'CAUSE THAT'S THE WHOLE POINT, RIGHT? AND THEN ANY PROPERTY OWNER INSTANT PARTY CAN ALSO PRESENT EVIDENCE TO YOU AS WELL.
UM, ONCE THEY DO THAT, YOU CAN ASK THEM QUESTIONS IF YOU NEED MORE INFORMATION ON THE PROPERTY OR, OR TO BETTER HELP YOU MAKE YOUR DETERMINATION OF WHAT YOUR ORDER SHOULD BE.
UM, AND THEN YOU'LL DISCUSS AFTER ALL THAT EVIDENCE IS PRESENTED, YOU'LL DISCUSS, YOU KNOW, IS THIS BUILDING SUBSTANDARD OR ARE WE, DO WE NEED TO MAKE REPAIRS? ARE THEY ACTUALLY VIOLATING THE ORDINANCES? WHAT DO WE WANT ASSESS? DO WE WANT TO GIVE THEM ANY TIME? UM, ONCE YOU DO THAT, YOU'LL, YOU'LL VOTE ON THOSE ORDERS AND YOU'LL ADOPT THOSE ORDERS UPON ADOPTION.
UM, THE CHAIR WILL SIGN THOSE AND THEY WILL BE, YOU KNOW, YOUR OFFICIAL ORDERS OF THE BODY, RIGHT? UM, TYPICALLY INCLUDING TONIGHT, STAFF WILL COME WITH YOU WITH PROPOSED ORDERS.
YOU DO NOT HAVE TO INVENT THEM ALL ON YOUR ON YOUR OWN.
SO USUALLY YOU'LL HAVE A DRAFT SET OF ORDERS THAT YOU CAN GO BY BASED UPON WHAT STAFF BELIEVES SHOULD HAPPEN.
UM, WHAT WE USUALLY DO IN THAT INSTANCE IS WE'LL READ THOSE INTO THE RECORD.
EITHER THE CHAIR CAN DO THAT OR SHE CAN DEFER TO OUR OFFICE AS WELL.
WE CAN READ THOSE INTO THE RECORD.
AND IF, IF YOU AGREE WITH WHAT THOSE ORDERS SAY, UM, Y'ALL CAN VOTE TO ADOPT THE PROPOSED ORDERS AS WELL.
SO YOU DON'T HAVE TO COMPLETELY INVENT, UM, WHAT ALL ORDER, WHAT ALL SHOULD BE IN THE ORDER.
LITTLE OUTLINE A LITTLE MORE IN DEPTH.
UM, WE'RE NOT GONNA GO TOO DEEP INTO THIS, BUT ESSENTIALLY, YOU KNOW, GO THROUGH EACH CASE.
ANY WITNESS THAT'S GONNA COME IN, THEY DO GOTTA BE SWORN IN BEFORE THEY PRESENT EVIDENCE TO YOU.
USUALLY WE'LL KIND OF TAKE CARE OF THAT AT THE BEGINNING.
WE'LL, THE CHAIR WILL JUST ASK, IS THERE ANYONE WHO'S GOING TO PRESENT EVIDENCE? THEY'LL ALL JUST KIND OF BE SWORN IN TOGETHER.
UM, AND THAT NEEDS TO HAPPEN FOR EACH CASE.
EVEN IF WE HAVE ONE CASE OR FOUR CASES, IT'S GOTTA, IF WE HAVE FOUR LIKE WE DO TONIGHT, THAT'S GOTTA HAPPEN FOUR TIMES.
EVEN THOUGH THE CITY REPRESENTATIVE MAY BE THE SAME PERSON, THEY WOULD HAVE TO BE SWORN IN FOR EACH CASE 'CAUSE THEY'RE ALL SEPARATE CASES.
UM, AND MS. BURNETT, I DO HAVE THIS SCRIPT FOR YOU AND OBVIOUSLY I'M GONNA BE SITTING UP THERE WITH YOU TO KIND OF HELP YOU THROUGH THIS PROCESS AS WELL IF YOU NEED IT.
SO I'M NOT GONNA GO TOO FAR INTO THIS, IT'S KIND OF WHAT I ALREADY EXPLAINED.
[00:30:01]
ALRIGHT, WHAT IS STAFF DOING? THEY'RE PRESENTING EVIDENCE.WHAT THEY NEED TO DO IS THEY NEED TO IDENTIFY THE PROPERTY LOCATION.
THEY NEED TO DISCUSS HOW WE GOT HERE, WHAT WAS THE PRIOR ENFORCEMENT HISTORY.
UM, THEY NEED TO PROVIDE, UM, EVIDENCE OF PRIOR NOTICE, NOTICE OF THE HEARING.
THEY NEED TO IDENTIFY SPECIFICALLY THE ISSUES THEY NEED TO, YOU KNOW, HOPEFULLY THEY HAVE A BUNCH OF PHOTOS TO SHOW YOU THAT EVIDENCE, ALL THE CODE VIOLATIONS THAT THEY'RE ALLEGING.
UM, THEN THEY NEED TO COME WITH YOU WITH THE LIST OF VIOLATIONS THAT THEY ARE ALLEGING AND WHY, AND WHY THOSE NEED TO BE REPAIRED OR WHY DOES THAT MAKE THE BUILDING SUBSTANDARD OR, OR WHY IS THERE SO MANY REPAIRS OR WHY THE STRUCTURE IN SUCH DISREPAIR THAT IT REQUIRES DEMOLITION.
THEY NEED TO COME WITH YOU WITH THAT SO THAT YOU CAN MAKE A INFORMED DECISION ON WHETHER REPAIRS ARE NEEDED OR WHETHER IT'S NOT THE SUBSTANDARD STRUCTURE OR THERE'S NO REPAIRS NEEDED, WHICH YOU ALSO CAN DO, UM, OR IF DEMOLITION IS THE APPROPRIATE SORT OF ACCESS.
SO THEY NEED TO COME WITH YOU WITH ENOUGH EVIDENCE SO YOU CAN MAKE AN INFORMED DECISION.
UM, AND IF, AND IF THEY DON'T ESSENTIALLY PROVE THEIR CASE, THEN YOU, YOU DON'T HAVE TO ORDER WHAT THEY'RE REQUESTING.
UM, USUALLY THEY'RE PRETTY GOOD AND, AND THEY COME WITH YOU WITH THE NEEDED MATERIALS.
UM, USUALLY THEY'LL TELL YOU IF THEY'VE GOTTEN ANYWHERE WITH, EXCUSE ME, THE OWNER OR INTERESTED PARTY.
WHETHER THERE'S, THEY WE'VE TRYING, BEEN TRYING TO GET TO THIS NEXT STAGE, BUT WE'RE JUST NOT THERE YET.
UM, IF, YOU KNOW, THEY'VE DONE, YOU KNOW, PIECEMEAL REPAIRS, BUT WE NEED SOMETHING A LITTLE MORE OFFICIAL WITH A LITTLE MORE OOMPH TO KIND OF GET THEM OVER THAT EDGE, UM, HOPEFULLY THEY'LL DO THAT.
THEY'LL GIVE YOU IF, IF THEY'RE REQUESTING REPAIRS OR EVEN I GUESS DEMOLITION, UM, THEY'LL KIND OF LET YOU KNOW WHAT'S A REASONABLE TIME THAT WE THINK WE CAN DO THIS.
AND THAT'S ALSO GONNA BE SOMETHING THAT THE PROPERTY OWNER NEEDS TO TELL YOU AS WELL.
LIKE IF THEY SAY, YOU KNOW, THE PROPERTY OWNER COMES UP HERE, I NEED MORE TIME TO REPAIR, THEY NEED TO GIVE YOU A TIMELINE AS WELL.
AND THEN, AND THAT TIMELINE NEEDS TO BE REASONABLE.
IT REALLY CAN'T BE MORE THAN 90 DAYS.
UM, BUT WE'VE GOTTA HAVE A VERY, VERY DETAILED WORK PLAN IF WE HAVE A GRANT MORE THAN 90 DAYS.
AND THEN LASTLY, LIKE I SAID, THE CITY WILL ASK YOU KIND OF WHAT, WHAT THEIR REQUESTED RELIEF IS.
UM, AGAIN, KIND OF WENT OVER THIS.
SO ALL THOSE INTERESTED PARTIES, YOU KNOW, THEY HAVE THE BURDEN OF PROOF TO SHOW, UH, SOME SORT OF SCOPE OF WORK AND HOW THEY'RE GONNA COMPLY WITH THE CODE, HOW THEY'RE GONNA REMEDY ALL THE SITU, ALL THE PROBLEMS. UM, AGAIN, LIKE I SAID, THE TIME IT'LL TAKE TO PERFORM THAT WORK.
AND THEN IF WE'RE GONNA EXCEED 90 DAYS THAT DETAILED DETAILED PLAN, UM, HOPEFULLY THEY WOULD'VE DISCUSSED THIS WITH THE BUILDING OFFICIAL AS WELL.
SO WE KIND OF HAD AN IDEA TWO BEFORE, UM, IF, IF THAT'S WHAT THEY'RE GONNA REQUEST.
ALRIGHT, WHAT CAN YOU DO? YOU DON'T HAVE TO DO ANYTHING, RIGHT? YOU, YOU DON'T HAVE TO FIND, UM, YOU CAN FIND THAT IT'S NOT A DANGEROUS STRUCTURE THAT NO REPAIRS ARE NEEDED.
PROBABLY PRETTY UNLIKELY THAT WE'VE GOTTEN TO THE STAGE AND, AND THEN Y'ALL ARE HAVE A COMPLETE DIFFERENT OPINION, BUT IT'S POSSIBLE YOU, YOU DON'T HAVE TO FIND, UM, SOMETHING SUBSTANDARD OR ORDER REPAIRS IF IT COMES TO YOU.
UM, AND AGAIN, THIS IS A VOTE, RIGHT? SO IT'S GONNA BE THE MAJORITY, WHICH TONIGHT WILL BE THREE.
UM, YOU CAN ALSO GRANT IN SMALL CASES EXCEPTIONS, UM, TO AVOID THE IMPOSITION OF UNNECESSARY HARDSHIP.
UM, LIKELY YOU WOULD KIND OF KNOW ABOUT THAT IF, IF WE BROUGHT THAT TO YOU.
UM, SO HERE'S A LITTLE LIST AGAIN, WE'VE KIND OF GONE OVER THIS.
WHAT YOU CAN DO, UH, ONCE YOU FIND THE STRUCTURE AN URBAN NUISANCE, YOU CAN ORDER THE DEMOLITION, YOU CAN ORDER THE REPAIR CORRECTION OF THE STRUCTURE AND GIVE THEM A TIMEFRAME FOR DOING SO.
YOU CAN ORDER, UM, KIND OF SOME COMBINATIONS, RIGHT? SO YOU CAN SAY REPAIR THE STRUCTURE IN 30 DAYS.
IF YOU DON'T REPAIR IT IN 30 DAYS, YOU GOTTA DESTROY IT OR THE CITY'S GONNA DESTROY IT.
UM, OR YOU CAN SAY LANDOWNER OR PROPERTY OWNER, YOU REPAIR IT IN 30 DAYS.
IF THEY DON'T, WE'LL GIVE ANY LIEN HOLDERS ANOTHER 30 DAYS TO DO IT FOR YOU.
IF THAT'S NOT, MAYBE WE'LL DO IT.
REMEDY THE SITUATION OR DEMO THE STRUCTURE.
UM, SO YOU CAN KIND OF DO A BUNCH OF COMBINATIONS OF THINGS.
YOU CAN ALSO ASSESS CIVIL PENALTIES AS WELL IN THERE.
SO YOU CAN SAY IF, IF YOU DON'T COMPLY WITH THESE ORDERS, THEN YOU'RE GONNA GET A THOUSAND DOLLARS UP TO A THOUSAND DOLLARS PENALTY PER DAY.
UM, YOU CAN ORDER THE STRUCTURE VACATED, YOU CAN ORDER THE STRUCTURE SEALED.
UM, YOU CAN REQUIRE THAT UTILITIES BE CUT OFF IF IT'S DANGEROUS TO HAVE THEM THERE.
UM, IF THEY'RE STILL ON, YOU CAN ORDER THE PROPERTY CLOSED UP, BOARDED UP SO IT'S SAFE, NO ONE CAN GET IN.
[00:35:01]
WHAT DOES YOUR OFFICIAL ORDER SAY? WHAT DOES IT HAVE TO HAVE IN IT? UM, IT'S GONNA LOOK, I I ASSUME EVERYONE'S KIND OF SEEN A COURT FILING PROBABLY BEFORE IN, IN, IN SOME CAPACITY.UM, IT'S GONNA HAVE A CASE STYLE, IT'S GONNA HAVE THAT PROPERTY DESCRIPTION, IT'S GOING TO HAVE YOUR FINDING OF FACTS, UM, AND YOUR CONCLUSIONS OF LAW.
SO CONCLUSIONS OF LAW BEING NOTICE WAS GIVEN WITNESSES APPEARED, HEARING WAS HELD.
YOU HAVE THE AUTHORITY TO RULE ON THESE ISSUES.
IT'S GONNA HAVE A LITTLE BACKGROUND FACTS OF WHAT'S HAPPENED.
IT'S PROBABLY GONNA ADOPT, UM, THE EVIDENCE THAT WAS PRESENTED TO YOU IN THE HEARING.
UM, AND THEN THE NEXT SECTION IS GONNA BE WHAT ARE YOU ORDERING, RIGHT? SO WHAT ARE THOSE ACTIONS THAT YOU'RE, YOU'RE ORDERING BEING, UM, DONE TO THAT STRUCTURE.
SO IT'S GOING TO GIVE THOSE, IT'S GONNA GIVE THE TIME PERIOD OF WHICH THOSE NEED TO OCCUR PENALTY, IF ANY, AND THEN FOLLOW UP HEARING, IF ANY.
SO YOU CAN ALSO SAY, LIKE I SAID, GOT 30 DAYS, LET'S SEE WHERE YOU ARE IN 30 DAYS.
WE'LL HAVE ANOTHER HEARING AND ASSESS WHAT WE NEED TO DO AT THAT POINT.
ALRIGHT? YOUR DECISIONS CAN BE APPEALED.
UM, THAT'S GOTTA BE DONE WITHIN 30 DAYS THAT APPEALS TO DISTRICT COURT.
UM, KIND OF EVERY RECORD FROM THIS BODY IN THAT HEARING WILL BE SUBMITTED TO THE COURT.
SO THEY CAN KIND OF HAVE THE RECORD OF WHAT HAPPENED.
AND THAT COURT CAN EITHER AFFIRM REVERSE OR EVEN REMAND BACK TO YOU, UM, THE CASE.
SO IF THEY REMAND, THAT MEANS THEY'RE TELLING YOU TO READJUST SOMETHING.
UM, IF THERE IS NO APPEAL, WHAT DO WE DO? UM, WE'LL USUALLY FILE A CERTIFIED COPY OF THE ORDER WITH THE, UM, PROPERTY RECORDS, UH, GET AN ABSTRACTED JUDGMENT.
SO THAT'S IN THE PROPERTY RECORDS.
EVERY, YOU KNOW, EVERYONE HAS NOTICE OF THAT.
WE CAN, YOU KNOW, ALSO IF THERE'S PENALTIES INVOLVED.
SO WE CAN, YOU KNOW, SEEK A JUDGMENT IN COURT SO WE CAN ACTUALLY ASSESS THOSE PENALTIES, UM, OR GET, YOU KNOW, SOME SORT OF INJUNCTION.
UM, THEN WE CAN ALSO, LIKE WE'RE DOING TONIGHT, HAVE ANOTHER HEARING ON THE ASSESSMENT OF ADMINISTRATIVE CIVIL PENALTIES.
SO THAT'S WHAT WE'RE DOING TONIGHT.
IF, IF Y'ALL DECIDE TO DO THAT, I MEAN ASSESS ANY PENALTIES, THAT'S WHAT THOSE TWO CASES ARE TONIGHT.
UM, IF WE'RE GONNA ENFORCE THOSE CIVIL PENALTIES, IT MAY REQUIRE, UM, A LAWSUIT TO KIND OF GET, UH, ESSENTIALLY A STAMP OF APPROVAL OF THOSE FEES.
ALRIGHT, BRIEFLY ON ETHICS, UM, ETHICS IS DEFINED.
ANY QUESTION BEFORE? SORRY? ANY QUESTIONS ON KIND OF BUILDING STANDARDS COMMISSION? I DO HAVE A QUESTION.
UM, SO WHEN THE CITY PROVIDES THEIR PROPOSED, UM, I GUESS ORDERS MM-HMM
THAT WOULD LAY OUT THEIR RECOMMENDATIONS, IS THAT THE LANGUAGE OF THOSE ORDERS, IS IT VISIBLE TO THE PUBLIC OR WILL WE GET A COPY AS EACH CASE ADVANCES BEFORE? USUALLY WE'LL READ THEM INTO THE RECORD.
IF, IF WE DECIDE THAT'S WHAT Y'ALL'S CONSENSUS IS THAT YOU KIND OF ARE FOLLOWING THOSE ORDERS, UM, WE'LL USUALLY READ THOSE INTO THE RECORD SO THEN EVERYONE OUT HERE CAN HEAR THEM.
UM, AND THEN YOU MAY HAVE A COPY AS WELL.
I DON'T KNOW IF WE DO OR NOT, I DON'T KNOW.
STAFF BROUGHT A COPY FOR EVERYONE.
UM, DOES THAT WORK? ANYTHING ELSE? NO.
SO ETHICS, ETHICS IS DEFINED AS THE PRINCIPLE OF RIGHTS OR GOOD CONDUCT, A SYSTEM OF MORAL PRINCIPLES OR VALUES AND THE STUDY OF THE GENERAL NATURE OF MORALS AND THE SPECIFIC MORAL CHOICES TO BE MADE BY THE INDIVIDUAL IN HIS RELATIONSHIP WITH OTHERS.
SO WHAT THIS REALLY DOES, WHAT WE'RE REALLY GONNA GO OVER HERE IS IF YOU HAVE A CONFLICT OF INTEREST, WE REALLY NEED TO RECUSE OURSELVES.
UM, YOU'RE REQUIRED TO RECUSE YOURSELF, NOT TAKE A VOTE IN SOMETHING IN WHICH YOU'RE AN INTERESTED PARTY.
THAT PROBABLY ISN'T GONNA COME UP TOO MUCH IN BUILDING STANDARDS COMMISSION WHERE YOU DO HAVE A CONFLICT, BUT IT COULD, UM, SO WE WANT TO ADDRESS THOSE.
SO UNDER STATE LAW MEMBER COMMITS AN OFFENSE IF THE OFFICIAL KNOWINGLY PARTICIPATES IN A VOTE OR DECISION ON ANY MATTER INVOLVING A BUSINESS ENTITY OR REAL PROPERTY IN WHICH THE OFFICIAL HAS A SUBSTANTIAL INTEREST.
AND WE'LL, AND WE'LL GET INTO WHAT SUBSTANTIAL INTEREST IS IN A MINUTE.
UM, ADDITIONALLY, THE CITY'S CODE OF ETHICS STATES THAT IF A PUBLIC OFFICIAL HAS A SUBSTANTIAL INTEREST IN A MATTER PENDING BEFORE THE BODY OF WHICH THE PUBLIC OFFICIAL IS A MEMBER, THE PERSON MUST, BEFORE A VOTE OR DECISION ON SUCH MATTER, FILE AN AFFIDAVIT ON THE FORM PROVIDED BY THE CITY, DISCLOSING THE INTEREST AND ABSTAIN FROM FURTHER PARTICIPATION IN SUCH MATTER.
UM, THIS PROBABLY ISN'T GOING TO APPLY TO Y'ALL.
UM, YOU CANNOT HAVE AN INTEREST IN ANY CONTRACT WITH THE CITY THAT'S PROBABLY NOT GONNA COME UP WITH Y'ALL.
UM, WHERE THE CITY WOULD CONTRACT WITH YOU
[00:40:01]
TO DO SOMETHING RELATED TO WHAT YOUR DUTIES ARE.ALRIGHT, WHAT, SO WHAT IS SUBSTANTIAL INTEREST? SO FIRST, A PERSON HAS A SUBSTANTIAL INTEREST IN A BUSINESS ENTITY IF YOU OWN 10% OR MORE OF THE VOTING STOCK OR SHARES OR OWNS EITHER 10% OR MORE OR $15,000 OR MORE OF THE FAIR MARKET VALUE OF THE BUSINESS ENTITY.
SO IT GIVES YOU A LITTLE BASELINE, UM, FOR, YOU KNOW, PUBLIC COMPANIES OR, AND THEN JUST KIND OF REGULAR COMPANIES WHERE IT MAY JUST BE AN OWNERSHIP PERCENTAGE OR, OR VALUE, UM, OR IF THE FUNDS RECEIVED BY THE PERSON FROM THE BUSINESS ENTITY EXCEED 10% OF THAT PERSON'S GROSS INCOME FOR THE PREVIOUS YEAR.
SO IF YOU ESSENTIALLY WORK FOR THE COMPANY AND JUST YOUR EMPLOYEE, MOST LIKELY YOU KNOW THAT IF THAT'S YOUR MAIN JOB, YOU'RE, YOU'RE GONNA NEED THAT BECAUSE IT'S GONNA LIKELY BE 10% OF YOUR INCOME.
UM, SO YOU HAVE A SUBSTANTIAL INTEREST IN REAL PROPERTY IF THE INTEREST ISN'T EQUITABLE OR LEGAL OWNERSHIP WITH A FAIR MARKET VALUE OF $2,500 OR MORE.
SO, YOU KNOW, THAT'S FOR REAL PROPERTY, THAT'S NOT A HUGE NUMBER.
SO A VERY SMALL OWNERSHIP WILL EVEN PUT YOU OVER THAT LEVEL, MOST LIKELY.
IN ADDITION, YOU'RE ALSO CONSIDERED TO HAVE A SUBSTANTIAL INTEREST IF A PERSON RELATED TO YOU BY THE FIRST DEGREE OF CONSANGUINITY OR AFFINITY HAS THE SAME, UM, SUBSTANTIAL INTEREST AS YOU, SO ESSENTIALLY YOUR DIRECT FAMILY MEMBERS.
ALRIGHT, NEXT UP WE HAVE, I'M SORRY, MADAM CHAIR, IF I CAN HAVE A, A QUICK COMMENT IF YOU DON'T MIND.
UM, SO, UM, I KNOW THAT, UH, A NEW COMMISSIONER IS ACTUALLY HERE, MS. MICHELLE EDWARDS JOHNSON.
SHE'S A NEW COMMISSIONER RECENTLY APPOINTED BY, UH, THE CITY COUNCIL.
I KNOW MR. UH, SMITH WAS KIND OF BASICALLY GIVEN THE TRAINING, SO I WENT AHEAD AND TALKED TO THE CITY ATTORNEY AND HE RECOMMENDED THAT WE VISIT ITEM NUMBER ONE AND WE SWEAR IN THE NEW COMMISSIONERS IF THAT'S OKAY WITH Y'ALL.
AND THEN IF THAT'S THE CASE, I'M GONNA ASK THE, UH, COMMISSIONER, UH, JOHNSON TO COME TO THE PODIUM.
AND MS. CAMRY JARDEN, SHE'S OUR PLANNING AND ZONING MANAGER.
SHE'S A REGISTERED NOTER AND SHE'S GONNA DO, UM, SHE'S GOING TO ADMINISTER THE OATH OF OFFICE.
YOU RAISE YOUR, YOUR RIGHT HAND FOR ME.
UM, IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, I WILL YOU STATE YOUR NAME.
WILL YOU REPEAT IN THE NAME AND BY THE FORM? IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, I, MICHELLE EDWARDS JOHNSON.
DO SOLEMNLY SWEAR OR AFFIRM DO SOLEMNLY SWEAR OR AFFIRM THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF THE BUILDING IN STANDARDS COMMISSION, THE BUILDING IN STANDARDS COMMISSION OF THE STATE OF TEXAS.
OF THE STATE OF TEXAS AND WILL DO, OR TO MEET IN AND, AND WILL TO, TO THE BEST OF MY ABILITY, PRESERVE AND WILL TO THE BEST OF MY ABILITY, PRESERVE, PROTECT AND DEFEND, PROTECT AND DEFEND THE CONSTITUTION AND LAWS, THE CONSTITUTION AND LAWS OF THE UNITED STATES, OF THIS STATE, OF THE UNITED STATES, OF THIS STATE.
WRITE YOUR NAME HERE AND THEN YOU CAN SIGN IN PRINT HERE.
[D. CITIZEN APPEARANCES The Building and Standards Commission invites citizens to address the Commissioners on any topic not already scheduled for Public Hearing. Citizens wishing to speak should complete a "Citizen Comment Card" and return it to the table prior to the meeting. In accordance with the Texas Open Meetings Act, the Building and Standards Commission cannot take action on items not listed on the agenda. However, your concerns may be addressed by City Staff, placed on a future agenda, or responded to by some other course. Anyone desiring to speak on an item scheduled for a Public Hearing is requested to hold their comments until the Public Hearing on that item.]
WE WILL RESUME WITH OUR AGENDA FOR THIS EVENING.WE WILL BE MOVING NOW INTO CITIZEN APPEARANCES.
AS YOU ALL JUST HEARD FROM MR. SMITH, WE WILL NOT TAKE PUBLIC COMMENTS DURING THE HEARINGS, BUT IF YOU HAVE SOMETHING FOR US, NOW WOULD BE A FANTASTIC TIME TO APPROACH THE PODIUM.
[00:45:01]
CARD.SO, FOR CITIZEN APPEARANCES, THE BUILDING AND STANDARDS COMMISSION INVITES CITIZENS TO ADDRESS THE COMMISSIONERS ON ANY TOPIC NOT ALREADY SCHEDULED FOR PUBLIC HEARING.
CITIZENS WISHING TO SPEAK SHOULD COMPLETE A CITIZEN COMMENT CARD AND RETURN IT TO THE TABLE PRIOR TO THE MEETING.
IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, THE BUILDING AND STANDARDS COMMISSION CANNOT TAKE ACTIONS ON ITEMS NOT LISTED ON THE AGENDA.
HOWEVER, YOUR CONCERNS MAY BE ADDRESSED BY CITY STAFF BASED ON A FUTURE AGENDA OR RESPONDED TO BY SOME OTHER COURSE.
ANYONE DESIRING TO SPEAK ON AN ITEM SCHEDULED FOR THE PUBLIC HEARING IS REQUESTED TO HOLD THEIR COMMENTS UNTIL THE PUBLIC HEARING ON THAT ITEM.
I DO HAVE TWO CARDS FOR TONIGHT.
UH, MR. FLOYD BRISCOE, DID YOU WISH TO APPROACH THE PODIUM? OKAY, I, OKAY.
MAY I ASK JUST BECAUSE THE AGENDA ITEM IS NOT LISTED, IS THIS IN REFERENCE TO SOMETHING THAT IS ON THE AGENDA FOR TONIGHT? YES.
SO THAT WILL OCCUR DURING THE CASE.
THIS IS FOR ITEMS NOT ON THE AGENDA.
IF ANYONE WISHES TO SPEAK ABOUT AN ITEM NOT ON THE AGENDA, THAT'S WHAT THIS SECTION IS FOR.
WE WILL CALL YOU, UH, WHAT ADDRESS OR CASE? CANYON RIDGE.
WE WILL CALL YOU UP DURING THAT TIME.
SO BOTH OF MY COMMENT CARDS ARE IN REFERENCE TO CANYON RIDGE.
IS THERE ANYONE THAT WOULD LIKE TO HAVE A COMMENT TONIGHT FOR SOMETHING THAT'S NOT LISTED ON THE AGENDA? OKAY.
WE WILL NOW MOVE INTO THE PUBLIC HEARING AND IT IS, I DON'T HAVE MY CLOCK ON ME.
[1. Conduct a public hearing to receive testimony and evidence on a substandard property/structure located at 1124 Canyon Ridge Dr., DeSoto, Texas, and discussion and consideration on the adoption of an order pursuant to the commission's authority under Article 3.800 of the City of DeSoto Code of Ordinances.]
50 AND WE'RE GOING TO OPEN THE PUBLIC HEARING WITH OUR FIRST AGENDA ITEM, WHICH IS TO CONDUCT A PUBLIC HEARING TO RECEIVE TESTIMONY AND EVIDENCE ON A SUBSTANDARD PROPERTY STRUCTURE LOCATED AT 11 2 4 CANYON RIDGE DRIVE IN DESOTO, TEXAS.AND DISCUSSION AND CONSIDERATION ON THE ADOPTION OF AN ORDER PURSUANT TO THE COMMISSIONER'S AUTHORITY UNDER ARTICLE 3.800 OF THE CITY OF DESOTO, QUOTE OF ORDINANCES.
WE DO HAVE A PRESENTATION FROM STAFF.
UM, DO WE HAVE ANYONE ELSE WHO WILL BE A WITNESS OR TESTIFY IN THIS CASE FOR TONIGHT? IF SO, I WILL NEED TO SWEAR YOU IN.
WOULD YOU PLEASE APPROACH AS WELL? THANK YOU.
ARE YOU TESTIFYING ON BEHALF OF THE, THE CITY OR THE RESIDENCE? RESIDENCE HOUSE.
OKAY, SO I'M GOING TO GO AHEAD AND SWEAR BOTH OF YOU IN, IF YOU WILL INTRODUCE YOURSELF AND WHO YOU'RE TESTIFYING ON BEHALF OF.
UM, MY NAME IS ED CASEY, I'M THE DIRECTOR OF THE GOVERNMENT SERVICES DEPARTMENT TESTIFYING ON BEHALF OF THE CITY OF DESOTO.
UH, JAMES MARTIN, I'M TESTIFYING ON BEHALF OF MY PARENTS, I GUESS.
WILL YOU BOTH, UH, RAISE EACH OF YOUR RIGHT HANDS PLEASE? DO EACH OF YOU SWEAR THAT THE TESTIMONY YOU WILL GIVE BEFORE THIS COMMISSION TODAY TO BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO.
ALRIGHT, SO FIRST UP ON THIS WE'LL HAVE A CITY STAFF PRESENTATION CASE TO THE BOARD.
AND THEN SIR, MAY I HAVE YOUR LAST NAME AGAIN? MARTIN.
WE'LL CALL YOU UP SOON AS THE PRESENTATION IS OVER.
I'M MAD CASEY, DIRECTOR OF THE DEVELOPMENT SERVICES DEPARTMENT.
UM, TONIGHT WE HAVE, UH, OUR FIRST CASE, UM, THE 1124 CANYON RIDGE.
PUBLIC HEARING PURPOSE, UM, JUST FINDINGS, UM, REGARDING THE SUBSTANDARD CONDITION AT, UH, 1124 CANYON RIDGE AND CONDUCT A PUBLIC HEARING AUTHORITY UNDER CHAPTER THREE, BUILDING REGULATIONS.
ARTICLE 3.8, UH, COMMISSIONERS OR COMMISSION'S ROLE THAT IN MIND OF THIS MENT OF THIS STRUCTURE VIOLATES THE BUILDING CODES AND DECIDES CORRECTIVE ACTIONS, PROPERTY AND OWNER INFORMATION.
THAT'S A PROPERTY ADDRESS THAT YOU SEE ON THE SCREEN ALONG WITH THE LEGAL DESCRIPTION AND THE PROPERTY OWNER.
INSPECTION OF VIOLATION IS OVERVIEW.
THE TEAM HAS INSPECTED THE BUILDING ON AUGUST 15, MYSELF INCLUDED.
[00:50:01]
THE FINDINGS WERE THAT THE STRUCTURE DEEMED DANGEROUS SUBSTANDARD UNDER THE CITY CODE AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE 2021 ADDITION THAT WAS ADOPTED BY THE CITY COUNCIL UNDER CHAPTER THREE AND THEN VIOLATIONS OBSERVED, UH, HOUSE WAS SEVERELY BURNED DURING A CATASTROPHIC FIRE.UH, DAMAGE HAPPENED ON DECEMBER 17TH, 2024.
THE CURRENT STRUCTURE IS A PUBLIC SAFETY HAZARD.
YOU CAN SEE SOME PICTURES THERE OF THE, THE CURRENT CONDITION OF THE HOUSE.
UM, YOU CAN SEE THE SUBSTANTIAL DAMAGE, FIRE DAMAGE THAT HAPPENED TO THIS PROPERTY.
HERE YOU CAN SEE MORE PICTURES, SEE, YOU KNOW, THEY LOST A ROOF AND, AND, UM, A LOT OF THE STRUCTURAL ELEMENTS, THOSE PICTURES WERE TAKEN ON AUGUST 15TH, 2025.
WE HAVE CHAPTER THREE OF THE CITY CODE AND WE ALSO HAVE THE INTERNATIONAL PROPERTY MAINTENANCE CODE.
UH, SECTION 1 1 1, 1 1, WHICH IS THE UNSAFE STRUCTURES.
SUMMARY OF THE KEY CODE VIOLATIONS.
IF YOU LOOK AT THE IPMC UNDER SECTION 1 1 1 0.13, THERE'S THE UNFIT FOR HUMAN OCCUPANCY.
YOU CAN, YOU KNOW, OBVIOUSLY SEE FROM THE PICTURES THAT YOU KNOW, THIS STRUCTURE IS OCCUPIABLE AND, UM, JUST TO TO TO THE EXTENSIVE OR SUBSTANTIAL FIRE DAMAGE THAT HAPPENED.
AND THEN UNDER THE OTHER, UH, CODE SECTION, THERE'S THE UNSAFE MEANS OF EGRESS AND, AND STRUCTURAL INSTABILITY.
OBVIOUSLY THEY LOST A LOT OF STRUCTURAL ELEMENTS, SO THERE IS A RISK FOR COLLAPSE.
SAME THING WITH INSUFFICIENT STRUCTURAL STRENGTH AND DERATED FOUNDATION.
AND IN SUPPORT, YOU KNOW, BACK, GOING BACK TO THE PICTURES, YOU CAN SEE LIKE A LOT OF THE FOREST WAS ACTUALLY BURNED AND DAMAGED.
SO THERE'S A, A BIG POTENTIAL RISK FOR COLLAPSE.
ANOTHER SECTION CODE, UM, UNSAFE FOR OCCUPANCY.
AND THEN, YOU KNOW, UNSECURED, IT'S THE PROPERTY IS NOT SECURED.
THERE'S ALSO, YOU KNOW, A BIG CONCERN WITH PUBLIC NUISANCE OR HAZARD.
WE HAVE AN EXHIBIT A IN THE ATTACHMENTS THAT GIVES YOU FULL DETAILS ABOUT THE VIOLATIONS, DOCUMENTED COMPLIANCE TIMELINE BY STAFF.
UM, FIRE HAPPENED ON DECEMBER 17TH, 2024.
IN APRIL 14TH OF THE 2025 NOTICE OF, WE SENT A NOTICE OF VIOLATION TO THE OWNER, UM, ON JUNE 20TH, 2025.
WE FINAL SEND A FINAL NOTICE OF VIOLATIONS AGAIN TO THE OWNER.
AND THEN WE DID THE INSPECTION ON AUGUST 15 TO CONFIRM, YOU KNOW, THE CURRENT CONDITION EXISTS.
AND ALSO WE SEND A PUBLIC, UH, NOTE NOTICE FOR PUBLIC HEARING.
WE HAVE THAT DOCUMENTED UNDER THE ATTACHMENTS AS WELL.
THAT HAPPENED ON OCTOBER 21ST.
WE WENT ON OCTOBER 23RD AND WE POST THE, WE POSTED THE PUBLIC NOTICE ON THE PROPERTY AS WELL.
UM, AND THEN ON OCTOBER 24TH, WE ADVERTISE IN THE NEWSPAPER.
CURRENT STATUS, NO CORRECTION ACTION TAKEN BY THE OWNER OR THE OWNER REP.
THERE IS A RISK OF INACTION IF, YOU KNOW, THE COMMISSION DOESN'T ACT ON THIS CASE, WHICH WOULD BE, YOU KNOW, THIS RISK OF COLLAPSE OR INJURY.
AND THEN OBVIOUSLY THIS IS, UM, THIS CAN ATTRACT VANDALISM, ILLEGAL ACTIVITIES AND, UM, UH, VERMIN AS WELL.
NEGATIVE IMPACT ON THE NEIGHBORHOOD.
UM, WE TALKED WITH A LOT OF RESIDENTS AND THEY, THEY'RE VERY CONCERNED, UM, ABOUT THE NEGATIVE IMPACT ON THE NEIGHBORHOOD.
AND AS OF DATE, THE STRUCTURE REMAINS UNSECURED AND IN A DANGEROUS, UH, CONDITION.
OUR STAFF RECOMMENDATION TONIGHT, BASED ON THE UNSAFE CONDITION OF THE STRUCTURE, WE DO RECOMMEND THAT THE COMMISSION ISSUE AN ORDER TO REQUIRE THE PROPERTY OWNER TO COMPLETE THE FOLLOWING ACTION WITHIN 30 DAYS.
ACTION NUMBER ONE, SECURE THE PROPERTY IMMEDIATELY TO PREVENT UNAUTHORIZED, YOU KNOW, ACCESS.
ACTION NUMBER TWO IS TO OBTAIN ALL THE NECESSARY PERMITS FROM THE CITY TO ACTUALLY DO ACTION NUMBER THREE, WHICH IS DEMOING THE BUILDING.
SO WE'RE, WE'RE ASKING THE COMMISSION TO APPROVE, APPROVE A RECOMMENDATION FROM STAFF TO LET THE OWNER KNOW THAT THEY'VE GOT 30 DAYS TO FIRST SECURE THE PROPERTY.
SECOND, OBTAIN THE, THE PROPER PERMITS, AND THIRD, DEMO THE
[00:55:01]
BUILDING.IF THAT DOES NOT HAPPEN AFTER 30 DAYS, WE'RE ASKING THE COMMISSION TO APPROVE OR AUTHORIZE STAFF TO DEMO THE BUILDING.
SO 30 DAYS THAT DOES NOT HAPPEN, THEN WE'RE AUTHORIZED TO DEMO THE BUILDING BY SOME STAFF.
THAT WOULD, UH, AND THEN, AND THEN ALSO I THINK WE HAVE ANOTHER RECOMMENDATION ON THE STAFF REPORT IS TO ACTUALLY PUT A LIEN ON THE PROPERTY TO RECOUP THE COST OF DEMOLITION.
IF WE'RE GOING TO TAKE THE BUILDING DOWN, THAT WOULD CONCLUDE MY PRESENTATION.
I'LL BE HAPPY TO TAKE ANY QUESTIONS OR IF YOU HAVE ANY QUESTION FOR THE APPLICANT OR THE APPLICANT, IF THE APPLICANT WANTS TO PRESENT HIS CASE.
DO WE HAVE ANY QUESTIONS FOR STAFF ON THIS ITEM? I DO HAVE A COUPLE OF QUESTIONS.
JUST QUICKLY, CAN YOU TELL US WHAT SECURE MEANS IN THIS CASE? BECAUSE I BELIEVE THE HOUSE IS FENCED.
WHAT ELSE WOULD WE BE ASKING? SO IT'S NOT FENCED FROM ALL DIRECTIONS, IT'S ACTUALLY ACCESSIBLE.
SO FROM, YOU KNOW, SOME PORTIONS OF THE HOUSE, IT'S ACCESSIBLE.
LIKE PEOPLE CAN GET IN AND CONNECT, EXTRACT, YOU KNOW, VANDALISM OR ILLEGAL ACTIVITIES.
SO WE WOULD LIKE FOR THEM TO SECURE LIKE EVERYTHING WITHIN 30 DAYS BEFORE THEY TAKE THE BUILDING DOWN.
ANY OTHER QUESTIONS? THANK YOU SO MUCH.
WOULD YOU LIKE TO APPROACH, IF YOU'LL STATE YOUR NAME AGAIN AND YOUR CITY AND STATE OF RESIDENCE? JAMES MARTIN, TEXAS.
AND THANK YOU FOR BEING HERE WITH US TONIGHT.
CONSIDERING THE CIRCUMSTANCES, DO YOU, WHAT WOULD YOU LIKE TO DISCUSS TONIGHT? RIGHT NOW, I'M NOT THE OWNER OF THE PROPERTY.
THE PROPERTY IS STONE PROBATE.
WE HAVE A PROBATE COURT SET FOR JANUARY 5TH.
SO I'VE BEEN TOLD BY MOST PEOPLE THAT THERE'S REALLY NOTHING I CAN DO.
I CAN'T HAVE IT DEMOLISHED 'CAUSE I DON'T OWN IT.
SO WE DO PLAN AND THIS HAS BEEN GOING ON FOR OVER A YEAR, ALMOST A YEAR.
SO WE DO PLAN TO DO SOMETHING ABOUT IT.
AS SOON AS IT HAP WE GET THE, I BECOME THE EXECUTOR TO THE, TO THE ESTATE.
DO WE HAVE ANY QUESTIONS FOR MR. MARTIN? THANK YOU MR. MARTIN.
DO WE HAVE ANY OTHER QUESTIONS? YES, I ACTUALLY DO HAVE QUESTIONS.
UM, SIR, DID YOU SAY YOU ARE THE EXECUTOR OF THE STATE? NO, I'M NOT, NOT UNTIL THE PROBATE.
OKAY, SO THERE, WHICH IS IN JANUARY.
SO NO, UM, NO ACTION HAS BEEN TAKEN BY THE PROBATE COURT TO GIVE ANY LIKE TEMPORARY AUTHORITY TO YOU? NO.
WE'VE TRIED A COUPLE DIFFERENT WAYS, BUT NO, THE WILL, THERE WAS NO WILLS OR THERE WAS TWO WILLS, BUT THERE'RE BOTH DAMAGED.
SO THEY DECIDE THAT NEITHER ONE WERE VALID.
AND SO THEY, THEY'VE SET THE DATE TWO OR THREE TIMES.
BUT THEY SAID FINALLY JANUARY 5TH, IT WAS ORIGINALLY NOVEMBER 5TH, THEN IT WAS DECEMBER 17TH, WHICH IRONICALLY WAS THE DATE OF THE FIRE.
BUT THEY SAID THAT IS THE FINAL DATE.
ANY OTHER QUESTIONS FOR MR. MARTIN? YES, MA'AM.
UM, I UNDERSTAND THAT YOU, YOU LOST YOUR PARENTS IN THIS SITUATION? YES, I, I READ THE, THE AGENDA INFORMATION.
DO YOU HAVE ANYTHING FROM THE PROBATE COURT, UH, AT ALL THAT WOULD HELP TO SUBSTANTIATE THAT DATE? I DID NOT BRING THE LETTER TODAY.
I'VE BEEN TO THE PA I CAME IN SEPTEMBER AND NOVEMBER IN OR OCTOBER AND Y'ALL, IN WHATEVER REASONS, NOTHING HAPPENED.
I CAN'T HAVE IT EMAILED TO SOMEONE, IF YOU LIKE, FROM THE LAWYER'S OFFICE.
UM, ON THAT JANUARY 5TH COURT DATE, IS EVERYTHING GONNA BE FINAL ON THAT DAY OR? IT'S ACTUALLY TWO, TWO COURTS.
'CAUSE MY MOTHER AND MY FATHER, THEY'RE DOING A TWO SEPARATE CASES, BUT THEY ARE SUPPOSED TO BE DOING BACK TO BACK AND EVERYTHING IS SUPPOSED TO BE FINALIZED.
NOW HOW LONG IT TAKES TO GET SOMETHING STARTED FROM THERE? I DON'T KNOW.
I'VE TALKED TO ONE CONSTRUCTION PERSON, THEY SAID, AGAIN, I'M NOT THE OWNER.
PEOPLE ARE REALLY PRIVATE ABOUT THAT NOW.
THEY DON'T ONLY GIVE OUT INFORMATION IF YOU'RE NOT ACTUALLY THE PERSON.
BUT I, I DO PLAN TO GET SOMETHING DONE WITH IMMEDIATELY AFTER I HAVE THE RIGHT TO DO IT.
SO YOUR INTENTION ALSO, ONCE YOU ARE ABLE TO MAKE A DECISION, IS TO DEMOLISH THE PROPERTY, EITHER SELL IT IMMEDIATELY AND I, I'VE BEEN GETTING PHONE CALLS FROM AFTER A WEEK AFTER THIS HAPPENED OF PEOPLE WANTING TO BUY THE PROPERTY.
SO I'M EITHER SELL IT IMMEDIATELY AND HAVE THEM DEMOLISH IT OR WE'LL DEMOLISH IT IF, IF THERE'S A PROBLEM WITH, THIS HAS BEEN A KIND OF A SORE THUMB FOR US TOO.
SO, UM, WE DO PLAN TO DO SOMETHING ABOUT IT AS SOON AS I HAVE THE RIGHT TO DO IT.
UM, MR. MARTIN, I JUST WANTED TO ASK YOU A COUPLE MORE QUESTIONS.
UM, SO HAVE YOU BEEN IN COMMUNICATION WITH THE CITY OR HAVE YOU, WHAT HAVE YOUR COMMUNICATION? I I THINK THIS GENTLEMAN'S SOME PAPERS BACK IN SEPTEMBER.
[01:00:01]
I WAS HERE FOR THAT, BUT Y'ALL DIDN'T HAVE ENOUGH OF THE QUORUM SO IT GOT CANCELED.UM, I DON'T REMEMBER ACTUALLY WHAT I GAVE HIM, SO I HAVE TALKED TO A FEW PEOPLE.
AND MY, UH, OTHER QUESTION WAS, DO YOU KNOW AT THIS POINT IF, UM, YOUR PARENTS' ESTATE WILL BE SETTLED BY INTESTACY OR SINCE THERE WILL BE NO WILLS, OR IS THE COURT GOING TO DETERMINE WHETHER, UM, REPEAT THAT WILL, IS, HAS THE COURT ALREADY DETERMINED WHETHER THE WILLS CAN BE PROBATED OR IS THERE A QUESTION AS TO WHETHER THEY'RE VALIDS DONE? I, THEY, THEY SAID THAT THERE SHOULDN'T BE ANY QUESTION.
IT WAS JUST GETTING TO THE COURT.
THEY DID ALL THE THINGS WHERE THEY LOOKED FOR OTHER RELATIVES AND ALL THAT AND NO ONE'S SHOWING UP.
SO IT'S BEEN SIX MONTHS, SIX, SEVEN MONTHS SINCE WE STARTED THAT PROCESS.
SO THEY, HOPEFULLY THEY, THEY'RE READY JUST TO MAKE ME THE EXECUTOR.
I DO HAVE ANOTHER QUESTION FOR STAFF.
UM, IN THE RECOMMENDED ORDER, IF WE WERE TO VOTE ON IT AS IT IS TONIGHT, THAT WOULD MEAN 30 DAYS, THIS WOULD BE DONE BY DECEMBER 16TH, OR IF WE WAIT FOR PROBATE, THAT MIGHT BE FEBRUARY OR MARCH.
IS THERE A WAY WHERE WE CAN HELP MR. MARTIN TO ACCELERATE THIS PROCESS OR WORK WITH THE COURTS TO SPEED THIS UP A LITTLE BIT? HAVE WE LOOKED INTO THAT OR? SO THAT WOULD REALLY BE UP TO, YOU KNOW, PROPERTY ON OUR REPRESENTATIVE WITH THE COURT.
WE, YOU KNOW, UM, BUT AT THE END OF THE DAY, IT'S UP TO THE COMMISSION TONIGHT TO DECIDE WHETHER THEY WANT TO GIVE HIM LIKE 45 DAYS OR 30 DAYS.
WE'VE BEEN INTO CONTACT WITH, UM, WITH THE GENTLEMAN AND, AND YOU KNOW, UH, OUR ASSISTANT DIRECTOR HAD A CONVERSATION WITH HIM IN THE PAST AS WELL AND WE, WE WEREN'T UNDER THE IMPRESSION THAT THEY WOULD BE ABLE TO COMPLETE THEIR CASE AND PAPERWORKS IN NOVEMBER.
SO IT DOESN'T SEEM IT'S GOING TO HAPPEN IN NOVEMBER AND IT'S GOING TO BE PUSHED IN JANUARY.
UM, BUT YEAH, I UNDERSTAND THERE'S A DIFFERENCE OF, YOU KNOW, MAYBE ONLY THREE WEEKS OR SO.
UM, THAT WOULD BE REALLY UP TO THE COMMISSION.
UM, YOU KNOW, WE'RE READY, WE CAN, YOU KNOW, AFTER 30, WITHIN WITHIN 30 DAYS, THEY DON'T TAKE THE BUILDING DOWN, THEN WE'RE READY TO TAKE IT DOWN OR, YOU KNOW, IF THE COMMISSION DECIDES AT THE END OF THE, OF THE NIGHT TO ACTUALLY GIVE HIM, LET'S SAY 45 DAYS, THEN HE'LL HAVE LIKE MAYBE A SHORT OR MAYBE EVEN MORE LIKE 60 DAYS OR SO, THEN HE WILL HAVE A SHORT TIME TO KIND OF, YOU KNOW, GET EVERYTHING READY AND, AND DEMO THE BUILDING.
ARE THERE ANY MORE QUESTIONS FOR STAFF? YES.
UM, SINCE THE PROBATE HAS NOT BEEN FINALIZED, I MEAN, I, I GUESS WHAT ARE THE OTHER OPTIONS? LIKE, EVEN IF WE VOTED, HE STILL COULDN'T KNOCK THE HOUSE, DEMOLISH THE HOUSE BECAUSE HE DOESN'T HAVE THE AUTHORITY TO DO SO.
SO, SO IT, IT'S A GREAT QUESTION.
I'M GONNA GO BACK TO THE SLIDE OF THE COMPLIANCE TIME TIMELINE.
THIS IS NOT A CASE THAT HAS BEEN, YOU KNOW, WE'RE NOT, WE DIDN'T HAVE THIS CASE TWO MONTHS AGO.
WE'VE BEEN TALKING ABOUT THIS SINCE DECEMBER 17TH, 2024.
AND THEN, YOU KNOW, THE FIRST NOTICE OF VIOLATION WAS SENT ON APRIL 14TH, 2025.
SO SINCE APRIL UNTIL NOW, WE'VE BEEN, YOU KNOW, KIND OF WORKING WITH THE, WITH THE, WITH THE PROPERTY OWNER REP ON, ON THIS CASE.
BUT, YOU KNOW, LIKE I SAID, I DO UNDERSTAND THE CA YOU KNOW, THE SITUATION HE'S IN.
UM, IF HE CAN COMMIT THAT HE COULD TAKE THE BUILDING LIKE MAYBE IN LIKE MID-JANUARY, THAT WOULD BE REALLY UP TO THE COMMISSION.
DID I ANSWER YOUR QUESTION? ANY OTHER QUESTIONS FOR STAFF? THANK YOU MR. MARTIN, CAN I ASK YOU JUST ONE MORE QUESTION? IS THAT OKAY? I GUESS THE QUESTION SHOULD BE ASKED, ARE YOU OPPOSED TO THE CITY DEMOLISHING THE PROPERTY? HOW WOULD THEY GET PAID? WOW.
HOW WOULD THEY BE PAID? MM-HMM
UM, SO THAT'S A GOOD, A VERY GOOD QUESTION.
UM, REALLY IF, IF WE'RE GOING TO DO IT OURSELVES, THEN WE WILL HAVE TO PUT A LIEN ON THE, ON THE PROPERTY TO BE ABLE TO RECOVER THE COST.
'CAUSE WE'RE GOING TO EITHER LIKE, SEND THE CREW OR, YOU KNOW, SEND EQUIPMENT AND IT'S A LOT OF WORK.
SO WE WANNA MAKE SURE THAT WE, WE RECOVER THE COST.
WITH THAT, NOW WE DO HAVE TWO, AT LEAST TWO CITIZEN COMMENTS ON THIS AGENDA
[01:05:01]
ITEM.SO, UH, THE BRISCOE FAMILY, MR. B BRISCOE, I'LL CALL YOU BACK UP TO THE PODIUM IF YOU'RE READY.
IF YOU'LL STATE YOUR NAME AND RESIDENCE OR CITY AND STATE FOR THE RECORD.
UH, UM, ADDRESS IS 11 UH, UM, UH, ZERO FIVE, UH, RISING RIDGE DRIVE IN DESOTO.
UH, GOOD AFTERNOON, UH, COMMITTEE MEMBERS.
UM, AGAIN, MY NAME IS FLOYD BRISCOE, AND I LIVE IN THE HITTING CANYON SUBDIVISION.
WE'LL HAVE TO SWEAR YOU IN AS WELL, IF YOU'LL JUST GIMME ONE MOMENT TO DO THAT.
ANYONE WHO'S GONNA SPEAK PRESENT EVIDENCE OR TESTIMONY ON THIS ITEM NEEDS TO BE SWORN IN.
UM, SO, SO THEY ARE, YOU'RE GONNA DO THAT.
ALRIGHTYY, SIR, IF YOU'LL RAISE YOUR RIGHT HAND, I'LL JUST SWEAR YOU IN QUICKLY.
UH, DO YOU, UH, THIS IS SEVERAL.
ARE YOU ALL TOGETHER OR WE HAVE A CARD? WE DO NEED A CARD, SIR, IF YOU'LL GRAB A CARD.
YOU, YOU CAN GRAB A CARD, THAT'S FINE.
BUT THIS IS, UM, WE HAVE SEVERAL DIFFERENT RESIDENCES LINED UP HERE RIGHT NOW.
IF ALL OF YOU'LL RAISE YOUR RIGHT HAND, I'LL SWEAR YOU ALL IN AT THE SAME TIME.
UH, DO EACH OF YOU SWEAR THAT THE TESTIMONY YOU WILL GIVE BEFORE THIS COMMISSION TODAY TO BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES.
AND SIR, IF YOU'LL GRAB A CARD, WE'LL ALLOW YOU TO SPEAK.
MR. BRISCOE, THANK YOU SO MUCH FOR YOUR PATIENCE, PLEASE.
AGAIN, MY NAME IS FLOYD BRISCOE AND I LIVE IN THE HE HIDDEN COUNTY SUBDIVISION.
UM, I UNDERSTAND, UM, THAT, UH, THERE MAY HAVE BEEN, UM, IN REGARDS TO THE DELAY OF THIS DIS SITUATION GOING ON FOR THIS PERIOD OF TIME.
I THINK IN NOVEMBER WHEN, UH, THE UN UH, THE TRAGIC INCIDENT HAPPENED, THAT IS THE FIRE DESTROYING THE HOUSE AND, UH, TAKING THE LIVES OF TWO OF OUR RESIDENTS, WHICH IS VERY UNFORTUNATE.
HOWEVER, UH, I UNDERSTAND THAT THERE POSSIBLY HAVE BEEN STAFFING PROBLEMS, UH, THAT IT'S TAKEN SO LONG FOR US TO BE AT THIS POINT WHERE WE ARE RIGHT NOW.
UH, AND I UNDERSTAND THAT AGAIN, THAT THERE MAY HAVE BEEN STAFFING PROBLEMS CREATED CHALLENGES IN, UH, CODE ENFORCEMENT, UM, CASES GOING FORWARD.
AND I APPRECIATE THE WORK THAT THE, UM, CODE ENFORCEMENT, UH, HAVE DONE IN THE PAST.
AND THEY MIGHT HAVE, UH, HEAVY LOAD GOING, UH, RIGHT NOW TO WHERE WE ARE RIGHT NOW.
WITH THAT SAID, UH, THE PROPERTY AT THE AREA WHERE WE'RE TALKING ABOUT ON CANYON RIDGE HAS BEEN, UH, UNDER REVIEW FOR OVER 10 MONTHS OR MORE WITH NO RESOLUTION, AND IT'S BEEN AN ONGOING DELAY, AND HA AND IT HAS HAD AN IMPACT ON NEARBY RESIDENTS TO THE POINT WHERE I'VE HEARD A PERSON SAY THAT THEIR PROPERTY VALUE HAS, UH, GONE DOWN.
SOME PERSONS HAVE EVEN SAID THEIR INSURANCE, UH, RATE HAS INCREASED INCREASE.
I'M ASKING THE COMMITTEE TO LOOK AT WAYS OF KEEPING CASES LIKE THIS FROM FALLING THROUGH THE CRACKS, WHETHER THAT MEANS PRIORITIZING, UH, SERIOUS VIOLATIONS AND PROVING COMMUNICATION WITH RESIDENTS OR EVEN, UH, FINDING SHORT TERM, UH, SUPPORT, UH, WHEN YOU HAVE STAFFING PROBLEMS THAT MAY HAVE HAPPENED HERE.
AND I'M ALSO ASKING THAT, UH, ON THIS ISSUE, OTHER CASES LIKE THIS RECEIVE TIMELY ATTENTION DESPITE THE CHALLENGES THAT YOU MIGHT HAVE.
UM, AND OTHER, UH, PERSONS MIGHT WANT TO AND WILL SAY SOMETHING IN REGARD TO.
WHAT IS YOUR LAST NAME? BEATRICE BRISCO.
MS. BRISCO, THANK YOU SO MUCH.
UM, I'VE BEEN A RESIDENT OF DESOTO FOR 30 PLUS YEARS, GIVE OR TAKE A LITTLE, AND I'VE SEEN A LOT OF CHANGES WITHIN THE CITY.
[01:10:01]
ISSUING, UM, CITATIONS WHEN SOMEONE'S GRASS IS HIGH, OR THERE ARE SLATS MISSING IN A FENCE, OR EVEN THREATENING TO PUT A LIEN ON A HOME IF THERE'S NOT A, AN ADDRESS ON THE REAR OF THE HOUSE IN THE ALLEYWAY.AND I FEEL LIKE THAT SHOULD BE CARRIED THROUGH ON STRUCTURES LIKE THIS.
MY HEART GOES OUT TO MR. MARTIN.
UM, HIS PARENTS WERE LOST IN THAT FIRE, BUT EVERY TIME, AT LEAST FOR MYSELF, I DRIVE BY THAT HOUSE.
I THINK ABOUT THOSE TWO PEOPLE WHO LOST THEIR LIFE IN THAT FIRE.
THAT'S NOT GOOD FOR MY HEALTH.
THAT'S PLAYS AN EMOTIONAL, IT PUTS ME IN A LOWER STATE OF MIND.
AND IT'S ALSO A BLIGHT ON THE COMMUNITY.
PEOPLE HAVE STARTED TO MOVE OUT OF THE COMMUNITY.
UM, I'M NOT SURE THAT ALL OF THEM ARE MOVING DUE TO THAT REASON, BUT THE NEIGHBORHOOD IS A, IT'S A NICE NEIGHBORHOOD, SO I APPRECIATE ALL THAT.
UM, CODE ENFORCEMENT DOES AS FAR AS, YOU KNOW, GIVING CITATIONS WHEN, UM, THERE THE PROPERTY IS NOT UP TO CODE.
I APPRECIATE THAT BECAUSE THAT HELPS KEEP THE NEIGHBORHOOD, UH, IT HELPS TO BEAUTIFY THE NEIGHBORHOOD, BUT I THINK THAT SHOULD ALSO FOLLOW THROUGH WHEN THINGS LIKE THIS HAPPEN.
YOU KNOW, IF YOU HAVE NOT SEEN THAT STRUCTURE, UM, I WOULD, IF YOU GET A CHANCE, JUST DRIVE BY, YOU KNOW? AND WHEN YOU DRIVE BY, THINK ABOUT THOSE TWO PEOPLE WHO LOST THEIR LIVES.
AND IMAGINE HOW YOU WOULD FEEL IF YOU EXPERIENCED THAT EVERY TIME YOU LEFT YOUR HOME.
BECAUSE WHEN I LEAVE MY HOUSE, I GO DIRECTLY BY THE HOUSE AND IT'S MORE THAN ONCE A DAY, AND IT'S NOT A GOOD FEELING.
SO I WOULD, UM, ASK THAT THE PROPERTY WOULD BE DEMOLISHED, THE LAND WOULD BE CLEARED, AND, UM, IT'S JUST NOT, UM, A SAFE ISSUE MENTALLY OR PHYSICALLY.
THANK YOU, MR. AND MR. BRISCOE.
DO I HAVE A CARD FOR YOU? YOU DO.
I ALSO DRIVE BY THE PROPERTY EVERY DAY.
MY SINCERE CONDOLENCES TO MR. MARTIN.
WE KNOW THAT IT'S BEEN VERY DIFFICULT.
I LOST MY MOM A WEEK AFTER HE LOST BOTH OF HIS PARENTS, SO I DO UNDERSTAND THAT.
UM, BUT I THINK THE CITY HAS A JOB TO DO.
YOU CAN, UH, DEMOLISH THE PROPERTY AND UNFORTUNATELY, UM, YOU MAY HAVE TO PUT A LIEN ON THE PROPERTY TO RECOUP THE FEES, BUT I THINK THAT'S THE ONLY DECISION.
I DON'T THINK WE SHOULD WAIT TILL JANUARY, UH, IN HOPE THAT, UH, SOMETHING DIFFERENT WILL COME BECAUSE WE'LL BE LOOKING AT MONTHS AFTER THAT.
WE'RE DRIVING BY THEIR PROPERTY EVERY DAY.
WE CAN SEE ARTIFACTS, WE CAN SEE, UM, BLANKETS, WE CAN SEE MATTRESSES.
IT, IT REMINDS ME OF WHAT HAPPENED ON DECEMBER 17TH AT OR ABOUT TWO 30 IN THE AFTERNOON.
IT REMINDS ME OF WHAT HAPPENED.
SO I DON'T THINK WE SHOULD FURTHER DELAY THIS ISSUE.
WE NEED TO MAKE A DECISION TODAY TO DEMOLISH THE PROPERTY.
AND IF IT MEANS TO PUT A LIEN ON THE PROPERTY, I'M SORRY, HOPEFULLY THINK WE CAN MOVE THINGS FASTER IN THE PROBATE COURT, BUT I DON'T THINK WE HAVE ANY OTHER OPTIONS.
YOU KNOW, WE PEOPLE HAVE PUT THEIR HOMES UP FOR SALE RIGHT NEAR THAT.
THERE HAVE BEEN THREE HOMES THAT HAVE BEEN LISTED FOR SALE IN THE LAST FEW MONTHS.
SO I'M HOPING THAT YOU GUYS WILL MAKE A DECISION TONIGHT.
UM, MS. HARRIS, I BELIEVE I HAVE TWO.
AND MR. KNOWS, WHAT'S YOUR LAST NAME, SIR? GOOD EVENING.
UH, GOOD, GOOD AFTERNOON OR GOOD EVENING TO THE COMMISSION.
UH, I AM HERE ALSO, UM, GIVING CONDOLENCES TO MR. MARTIN.
I WOULD SEE HIS FATHER FROM TIME TO TIME AND SPEAK TO HIM.
SO, UH, I UNDERSTAND THE DIFFICULTY IN THE, THE FIRE, BUT NOW IT'S KNOCKING ON 12 MONTHS.
I UNDERSTAND, UM, SOME LEGAL ISSUES OF IT, BUT THIS STRUCTURE
[01:15:01]
IS A REMINDER OF A BAD TIME.IT DOESN'T, UM, AT TIMES IT'S WEEDS ARE VERY HIGH.
IF IT WASN'T FOR OUR COUNCIL PERSON HAVING SOMEONE TO COME CUT THE YARD, THEN IT WOULD LOOK WORSE THAN IT DOES NOW.
UM, AS, UH, MY NEIGHBOR, THE BRISCOES AND MY WIFE HAS SPOKEN, UH, THIS STRUCTURE, NOTHING HAS BEEN DONE SINCE THE FIRE.
THE CAR IS STILL IN THE GARAGE.
REMIND ME, SOMEONE LIVED THERE.
THE WAY THE HOUSE BURNED, YOU COULD ONLY FEEL TERRIBLE.
AND AS MY WIFE AND MY NEIGHBOR SAID, WE DRIVE BY EVERY DAY WITH A REMINDER OF WHAT HAPPENED.
I'M SORRY, BUT WE LIVE IN THE COMMUNITY NOW.
MR. MARTIN'S SON DOES NOT LIVE IN THE COMMUNITY.
HE DOESN'T HAVE TO DRIVE BY THERE EVERY DAY.
THERE'S, THERE IS A, SOME SORT OF FENCE AROUND SOME PARTS OF IT, BUT AT ANY TIME ANYBODY CAN GO IN THERE AND START RUMMAGING THROUGH.
SOMEONE IN THE LAST TWO WEEKS CAME BY AND PUT CAUTION TAPE AROUND IT, AND IT ENDED UP ALL IN THE ALLEY FOR WHATEVER REASON.
I DON'T KNOW WHY, BUT FROM TIME TO TIME WHEN WE HAD THE HIGH WINDS, SOME OF THE TRASH WAS ENDED UP IN THE ALLEY.
IF THE STRUCTURE WAS TORN DOWN, THAT WOULDN'T HAVE HAPPENED.
SO I'M ASKING THE COMMISSION TO DO, AS THE CITY SAYS, 30 DAYS, BECAUSE WE DON'T KNOW WHAT'S GOING TO HAPPEN AFTER PROBATE IN JANUARY.
IT MAY BE ANOTHER SIX, SEVEN MONTHS BEFORE A CONTRACTOR COMES IN AND SAYS, OH, I'LL, I'LL DO IT FOR X AMOUNT OF MONEY.
SO WE ARE LOOKING AT SUMMER AND AS MY NEIGHBORS AND MY WIFE HAS SPOKEN, SEVERAL RESIDENTS HAVE MOVED THE HOUSE NEXT TO IT FOR SALE.
YOU KNOW WHY YOU'VE SEEN PICTURES OF THAT BURNED HOUSE? I WOULDN'T WANT TO BUY IT.
I WOULDN'T WANT TO LIVE NEXT TO IT.
SO I'M ASKING THE COMMISSION TO THINK ABOUT THE NEIGHBORS WHO LIVED THERE.
NOW, WE'VE BEEN THERE OVER 30 YEARS AS WELL.
I'M SORRY FOR MR. MARTIN, BUT HE DOESN'T HAVE TO DRIVE OUT THERE EVERY MORNING.
I DO, MY WIFE DO MY OTHER NEIGHBORS THAT ARE NOT HERE.
SO T PLEASE TAKE THAT IN CONSIDERATION.
AND I THINK LASTLY I HAVE MR. NAS.
AND I APPRECIATE Y'ALL TAKING THE TIME TO LISTEN TO ME.
'CAUSE I DIDN'T MAKE OUT ANY, UH, NOTES.
BUT AGAIN, I EXTEND MY, UH, SYMPATHIES TO MR. MARTIN.
UH, I HAVE ON MY PHONE THAT THE DAY I CAME HOME DECEMBER 17TH AT 2 30, 2 41, THAT FIRE, YOU KNOW, CAUGHT MY ATTENTION.
I WENT, RAN DOWN, AND I IMMEDIATELY KNEW THAT, YOU KNOW, HIS, HIS PARENTS WERE GONE.
I ACTUALLY BEEN IN THAT HOUSE AND, AND, AND HELPED HIS DAD, YOU KNOW, DO SOME THINGS, YOU KNOW, HELPED MOVE HIM, YOU KNOW, MOVE A PIECE OF FURNITURE AROUND IN THAT HOUSE.
SO I HAD MET THEM AND HAD COMMUNICATED WITH THEM.
SO, YOU KNOW, INITIALLY WHEN I SAW THAT FIRE, MY HEART JUST STARTED TO, TO TO, BECAUSE FIVE DAYS LATER, DECEMBER THE FIFTH, I MEAN EARLIER DECEMBER THE FIFTH, I LOST MY FATHER.
I HAD TO GO IN, IN THE HOUSE AND FIND HIM DEAD.
SO I KNEW THAT MOTION WAS STILL WITH ME.
BUT STILL, LIKE MY NEIGHBORS HAD STATED, IT'S BEEN SINCE DEC LIKE I SAY, DECEMBER 17TH, IT'S BEEN A LONG TIME, RIGHT? LIKE I SAY, I WALK IN THE NEIGHBORHOOD AND LIKE I SAY, LITERALLY DNA HAS WASHED DOWN THE STREET, YOU KNOW WHAT I MEAN? THEY TOOK HIS PARENTS OUT OF THEIR HOUSE AND THEY DIDN'T DO NOTHING ELSE HAS DONE BEEN DONE TO THE HOUSE.
I HAVE NEVER, I DON'T KNOW THIS GENTLEMAN, I HAD NEVER SEEN HIM OVER THE HOUSE.
I MEAN, THE, THE PERSONAL EFFECTS, THEY'VE JUST, THE WEATHER HAS DEALT WITH THEM WASHING DOWN THE STREET.
I MEAN, I WALKED, WALKED MY DOGS AROUND.
[01:20:01]
OF THE HOUSE WASHED DOWN THE, UH, THE, THE GUTTER.I MEAN, THAT'S NOT THE WAY, I MEAN, IT, IT STANDS AS A, A TRAGIC MO MONUMENT TO THEM.
SO, I MEAN, WE NEED TO JUST GO AHEAD AND TAKE IT DOWN AND START OVER.
I, I, I CAN APPRECIATE THE STATUS, THE SITUATION OF A LIEN.
LIKE THEY HAD SPOKE, I HAD A LOT ON WEST GET INTO MY BUSINESS ON WEST MULLAND.
MR. HUMPHREY PUT A, THEY PUT A LIEN ON ME.
I SAID, MA'AM, I'M GONNA GET IT CUT.
NO, YOU, YOU GOT NO MR. KNOWLEDGE.
YOU DIDN'T CUT IT IN THE, IN THE TIMEFRAME.
WE GOT A LIEN ON YOUR PROPERTY.
WHEN I SOLD THAT PROPERTY, I HAD OVER A THOUSAND DOLLARS LIEN ON THE PROPERTY FOR GRASS.
I'M JUST SAYING, WE COME ON, LET'S, LET'S DO THE RIGHT THING.
AND I, I, LIKE I SAID, I SYMPATHIZED WITH HIM, I EMPATHIZE WITH HIM, BUT WE NEED TO KEEP IT MOVING, YOU KNOW, KEEP, YOU KNOW, TRY TO KEEP OUR NEIGHBORHOOD UP.
AND THE COUPLE THAT JUST SPOKE, WE'VE BEEN ON THAT, ON THAT BLOCK OVER 30 YEARS.
WELL, ALMOST 35 GOING ON 40 YEARS.
AND LIKE I SAID, I'M NOT, LIKE I SAID, TOOTING MY HORN, BUT I KEEP MY PRO IS BRINGING THE PROPERTY VALUE DOWN.
IT'S, IT IS A DEP IT IS, IT IS DEPRESSING.
AND LIKE I SAID, WE JUST NEED TO KEEP IT MOVING.
THAT'S ALL I'M SAYING, AND I APPRECIATE YOUR TIME.
ARE THERE ANY OTHER COMMENTS FOR TONIGHT? I DO NOT HAVE ANY ADDITIONAL CARDS.
I'M GOING TO ACTUALLY CLOSE THE PUBLIC HEARING ON THIS TOPIC.
WE'RE GOING TO CLOSE THE PUBLIC HEARING ON THIS TOPIC.
MADAM CHAIR, I DON'T KNOW IF I CAN HAVE A ANOTHER COMMENT ON THIS CASE.
SO YEAH, WE, YOU KNOW, WE, WE HEARD THE RESIDENCE LOUD AND CLEAR AND WE HEAR THE PROPERTY HONOR REP AS WELL.
UM, LIKE I SAID, AT THE END OF THE DAY, IT'S GONNA BE YOUR CALL TO DECIDE WHETHER YOU WANT TO GO WITH 30 DAYS OR GIVING HIM LIKE KIND OF A GRACE PERIOD.
BUT I KIND OF HAVE A QUESTION TO, UH, THE, UH, ASSISTANT CITY ATTORNEY.
IF, IF THE, YOU KNOW, THE HONOR REP, MR. MARTIN IS WILLING TO PAY FOR THE CAUSE THAT WE'RE GOING TO PUT IN TO DEMO THE BUILDING, LIKE, DO WE REALLY HAVE TO PUT A LIEN? LIKE IF, IF HE'S WILLING TO SAY, UH, I CAN COME IN, LIKE AFTER YOU DEMO THE BUILDING, THAT MUCH OF A COST, CAN WE DO THAT? THE CITY DOES NOT HAVE TO PUT A LIEN ON THE PROPERTY IF IT DOESN'T WANT TO PUT A LIEN ON THE PROPERTY.
WHATEVER Y'ALL DECIDE TO DO THAT.
IF IT GETS TO THE STAGE WHERE THE CITY IS DEMOLISHING IT, IT'S THE CITY'S DECISION ON WHAT TO DO WITH THE COST.
SO, YOU KNOW, IN, IN THIS CASE, WHAT I COULD ALSO RECOMMEND IS, YOU KNOW, WE WANT YOU TO AUTHORIZE US TO PUT A LIEN TO DEMO THE BUILDING AND PUT A LIEN ON THE PROPERTY.
BUT IF THE, IF MR. MARTIN IS WILLING TO PAY THE COST THAT WE PAY, WE WILL PAY TO DE DEMO THE BUILDING, THEN WE'RE GOING TO TAKE THE, YOU KNOW, THAT MUCH OF A MONEY THAT WE SPENT AND THEN WE DON'T HAVE TO PUT A LIEN ON THE PROPERTY.
AND I'LL JUST SPEAK TO THE LIEN AGAIN, THE, IF THE CITY DOES END UP HAVING TO DEMOLISH THE PROPERTY, WHICH IS LIKELY SINCE IF Y'ALL ORDER DEMOLITION SINCE THERE IS NO ONE AUTHORIZED TO DEMOLITION THE PROPERTY, THAT'S LIKELY WHAT WOULD HAPPEN.
UM, A LIEN'S JUST GONNA ATTACH TO THE PROPERTY AND IT'LL BE PAID OUT WHEN THE, IF THERE'S A PROPERTY TRANSACTION LATER ON DOWN THE ROAD, IF MR. MARTIN SOMEHOW, IF HE INHERITS IT THROUGH THE PROBATE COURT, UM, HE COULD EITHER TAKE CARE OF THAT LIEN IMMEDIATELY OR WHEN THE PROPERTY TURNS OVER.
I MEAN, IT'S, IT'S NOT ATTACHING TO WHOEVER INHERITS THAT PROPERTY, IT'S GOING TO THE PROPERTY ITSELF.
IF THE CITY WERE TO MOVE AHEAD WITH DEMOLITION, DO YOU HAVE ANY IDEA OF TIMING, HOW LONG THAT PROCESS WOULD TAKE? SO WE WILL PLAN TO DEMO THE BUILDING RIGHT AFTER THE 30 DAYS, BUT HOW LONG DO YOU KNOW HOW LONG IT WOULD TAKE TO CLEAN UP THE STRUCTURE IN ITS CURRENT STATE? UM, I DON'T HAVE THE INFORMATION RIGHT NOW.
WE WOULD HAVE TO SEND A CREW, LIKE IF WE GET THE ORDER TONIGHT, THEN, YOU KNOW, MONDAY OR TUESDAY WE'RE GOING TO SEND A CREW TO ASSESS THE CURRENT CONDITION AND WHAT IS IT REQUIRED TO DEMO THE BUILDING.
SO THEN IF THAT DOESN'T HAPPEN WITHIN 30 DAYS, THEN WE KNOW LIKE WHAT WE'RE LOOKING FOR AND, AND WE WILL HAVE A CREW TO DEMO THE BUILDING.
BUT I WON'T BE ABLE TO GIVE YOU A COST ESTIMATE NOW.
ARE THERE ANY OTHER QUESTIONS OR COMMENTS? THANK YOU.
SO I'M GONNA MOVE INTO THE SECTION WHILE I INVITE MORE REMARKS FROM COMMISSION MEMBERS.
IS THERE ANYTHING ELSE? ALL RIGHT.
WE DO CURRENTLY HAVE AN ORDER.
[01:25:01]
LIKE TO READ THE ORDER AS IS OR YOU WANT ME TO READ THROUGH IT? PLEASE.SO I'M, UH, OH, I'M SORRY WE DIDN'T GET A TIME ON CLOSING THE PUBLIC HEARING.
IT WAS 7 25 7 25 CLOSING THE PUBLIC HEARING.
SO THIS IS THE, UM, PROPOSED ORDER THAT I'M GONNA READ TO THE RECORD.
OBVIOUSLY IF Y'ALL CHOOSE TO ADOPT THAT, GREAT.
IF YOU CHOOSE TO MODIFY IT ALSO, GREAT.
UM, BUT THIS IS WHAT IT'S PROPOSED.
AND IF, IF Y'ALL DECIDE TO ADOPT AS RED, UM, THEN THAT IS WHAT Y'ALL CAN DO.
SO I WILL BEGIN AN ORDER OF THE CITY OF DESOTO BUILDING AND STANDARDS COMMISSION WITH REGARD TO THE ABATEMENT OF THE SUBSTANDARD ENDANGERED STRUCTURE LOCATED AT 1 1 2 4 CANYON RIDGE DRIVE, DESOTO, DALLAS COUNTY, TEXAS, WHERE THE BUILDING STANDARDS COMMISSION FOR THE CITY OF DESOTO, TEXAS.
THE COMMISSION HAD A PROPERLY NOTICED MEET MEETING, CONDUCTED A PUBLIC HEARING ON NOVEMBER 13TH, PURSUANT TO ITS AUTHORITY UNDER ARTICLE 3.8 OF THE CODE OF ORDINANCES OF THE CITY OF DESOTO, TEXAS, AND CHAPTER 54 AND TWO 14 OF THE TEXAS LOCAL GOVERNMENT CODE WHEREIN THE STRUCTURE LOCATED AT 1 1 2 4 CANYON RIDGE DRIVE, DESOTO, DALLAS COUNTY, TEXAS, THE PROPERTY WAS AGENDA ITEM D ONE, LEGAL DESCRIPTION BEING LOT 22 BLOCK I HIDDEN CANYON INSTALLMENT NUMBER TWO, UM, IN ADDITION TO THE CITY OF DESOTO, DALLAS COUNTY, TEXAS, ACCORDING TO THE PLAT THERE OF RECORDED IN IN VOLUME 8 4 1 2 2, PAGE 3 8 5 0 OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS AND NOW THEREFORE THE BILLING STANDARDS COMMISSION OF THE CITY OF DESOTO, TEXAS PURSUANT TO ITS AUTHORITY UNDER CHAPTERS 54 AND TWO 14 OF THE TEXAS LOCAL GOVERNMENT CODE.
IN ARTICLE 3.8 OF THE CODE OF ORDINANCES OF THE CITY OF DESOTO, TEXAS INTERESTS THE FOLLOWING FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FINDING OF FACT, THE COMMISSION FINDS THAT NOTICE OF THE PROCEEDING IN THIS MATTER HAS BEEN GIVEN, MAILED, PUBLISHED, AND POSTED IN ACCORDANCE WITH LAW.
AND THE CITY OF DESOTO CITY BROUGHT A COMPLAINT AGAINST THE PROPERTY, INCLUDING THE BUILDING STRUCTURES AND PREMISES, WHEREAS THE PROPERTY EXISTS IN SUBSTANDARD AND DANGEROUS CONDITION AND IS AN URBAN NUISANCE POSING DANGER TO THE LIFE HEALTH WHERE FELL AND SAFETY OF THE PUBLIC SURROUNDING THE PROPERTY IN VIOLATION OF THE CITY UP.
DESOTO CODE OF ORDINANCES, THE CODE AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE AS ADOPTED BY THE CODE IPMC.
AND THE CURRENT OWNER OF THE PROPERTY IS THE STATE OF JAMES A AND JOCELYN M MARTIN, THE OWNER WITH THE ADDRESSES AS FOLLOWS, ESTATE OF JAMES N. MARTIN AND JOCELYN MARTIN, 1 1 2 4 CANYON RIDGE DRIVE, DESOTO, TEXAS 7 5 1 1 5, A STATE OF JAMES M. MARTIN AND JOCELYN MARTIN.
6 2 5 RENAISSANCE PLACE, CEDAR HILL, TEXAS 7 5 1 0 4.
AND A STATE OF JAMES M. MARTIN AND JOCELYN MARTIN CARE OF THE HALE LAW FIRM FOUR 17 WEST WAXAHATCHEE, TEXAS 7 5 1 6 5.
AND UNCORRECTED CODE VIOLATIONS ON THE PROPERTY CONTINUE TO EXIST TO DATE.
AND AFTER HEARING THE EVIDENCE, THE VIOLATIONS CURRENTLY LISTED ON THE CODE VIOLATION INVENTORY ATTACHED HERE TO AND INCORPORATED HEREIN AS EXHIBIT A ARE FOUND TO EXIST ON THE PROPERTY AND THE PROPERTY AND BUILDING STRUCTURE AND PREMISES THEREON CONSTITUTE A SAFETY HAZARD ON THE PROPERTY IN VIOLATION OF THE CODE.
AND THE IPMC AND THE COMMISSION FINDS THAT THE PROPERTY AND THE BUILDING STRUCTURES AND PREMISES THEREON REMAINS IN SUBSTANDARD CONDITION AND CONSTITUTES AN URBAN NUISANCE AS OF THE DATE OF THIS HEARING.
AND FINDS THAT THE VIOLATIONS PREVIOUSLY IDENTIFIED AND RE REQUESTED FOR CORRECTION AS DESCRIBED IN THE CODE VIOLATION INVENTORY HAVE NOT BEEN PERFORMED AND COMPLETED AND REMAIN OUTSTANDING.
AND THE COMMISSION FINDS PORTIONS OF THE PROPERTY BUILDING STRUCTURE AND PREMISES LOCATED THEREON CONSTITUTE A LIFE SAFETY HAZARD AND A THREAT TO THE PUBLIC'S HEALTH, SAFETY AND WELFARE.
THE COMMISSION CONCLUDES THAT NOTICE AND WAS DULY AND PROPERLY GIVEN IN ACCORDANCE WITH THE LAW, THEREBY CONFERRING COMMISSION JURISDICTION OVER THESE PROCEEDINGS.
AND THE PROPERTY IS SUBSTANDARD PURSUANT TO CHAPTER THREE, BUILDING REGULATIONS OF THE CODE AND THE IPMC DUE TO THE VIOLATIONS, VIOLATION CONDITIONS IDENTIFIED IN THE CODE VIOLATION INVENTORY.
AND THE PROPERTY IN ITS CURRENT CONDITION IS UNFIT FOR HUMAN, HUMAN USE AND HABITATION AND A HAZARD TO THE PUBLIC HEALTH, SAFETY AND WELFARE.
AND THE PROPERTY ALSO CONSTITUTES A PUBLIC NUISANCE VIOLATION DUE TO THE VIOLATION CONDITIONS IDENTIFIED IN THE CODE VIOLATION INVENTORY.
AND PURSUANT TO CHAPTER 54 AND TWO 14 OF THE TEXAS LOCAL GOVERNMENT CODE AS CODIFIED IN CHAPTER THREE, BUILDING REGULATIONS OF THE CODE, THE COMMISSION HAS THE AUTHORITY TO ORDER THE PROPERTY BUILDING STRUCTURE AND PREMISES LOCATED THERE ON TO COME INTO COMPLIANCE WITH THE CODE.
AND PURSUANT TO CHAPTER 54 AND TWO 14 OF THE TEXAS LOCAL GOVERNMENT CODE AS CODIFIED IN CHAPTER THREE OF THE CODE, THE COMMISSION HAS THE AUTHORITY TO ORDER THE PROPERTY BUILDING STRUCTURE AND PREMISES LOCATED THEREON TO BE DEMOLISHED.
AND PURSUANT TO CHAPTER 54 AND TWO 14 OF THE TEXAS LOCAL GOVERNMENT CODE AS CODIFIED IN CHAPTER THREE, BUILDING REGULATIONS OF THE CODE, THE COMMISSION HAS THE AUTHORITY TO PRESERVE THE PUBLIC SAFETY AND ENFORCE THE BUILDING CODE VIOLATIONS IN CONDUCTION WITH THE CONDITION USE OR APPEARANCE
[01:30:01]
OF THE PROPERTY IN THE CITY.AND PURSUANT TO CHAPTER 54 OF THE TEXAS LOCAL GOVERNMENT CODE AS CODIFIED IN CHAPTER THREE, BUILDING REGULATIONS OF THE CODE, THE COMMISSION HAS THE AUTHORITY TO ORDER OR DIRECT THE BUILDING OFFICIAL OF THE CITY OR HIS DESIGNEE TO ENFORCE AND CARRY OUT THE LAWFUL ORDERS OF THE COMMISSION THREE ORDERS OF THE COMMISSION.
IT IS THEREFORE ORDERED THAT COMPLAINT AGAINST THE PROPERTY BROUGHT BY THE BUILDING OFFICIAL OR DIRECTOR OR THEIR DESIGNEE FOR THE CITY IS ON ALL THINGS SUSTAINED.
IT IS FURTHER ORDERED THAT THE, OR THAT THE OWNER, SUBSEQUENT OWNER, OR ANY SUBSEQUENT PURCHASER OF THE PROPERTY BRING THE PROPERTY, THE BUILDING STRUCTURE AND PREMISES THERE ON INTO COMPLIANCE WITH THE CODE, THE IPMC, THE INTERNATIONAL FIRE CODES AND OTHER CODES LISTED IN THE CODE VIOLATION INVENTORY ATTACHED AS EXHIBIT A.
BY DEMOING THE DANGEROUS STRUCTURE LOCATED ON THE PROPERTY WITHIN 30 DAYS OF THE DATE OF THIS ORDER, IT IS THEREFORE ORDERED THAT THE OWNER, SUBSEQUENT OWNER, OR ANY SUBSEQUENT PURCHASER OF THE PROPERTY BRING THE PROPERTY, THE BUILDING STRUCTURE AND PREMISES ON, IMMEDIATELY SECURE THE PROPERTY, THE BUILDING STRUCTURE AND PREMISES THERE ON TO PREVENT UNAUTHORIZED ACCESS.
AND IF OWNER, SUBSEQUENT OWNER, OR ANY SUBSEQUENT PURCHASE OF THE PROPERTY FAILS TO COMPLY WITHIN THREE DAYS OF THIS ORDER, THE CITY MAY SECURE THE PROPERTY.
IT IS FURTHER ORDERED THAT THE OWNER, SUBSEQUENT OWNER, OR ANY SUBSEQUENT PURCHASE OF THE PROPERTY BRING THE PROPERTY, THE BUILDING STRUCTURE AND PREMISE THERE ON IMMEDIATELY ENSURE ALL UTILITIES IN THE PROPERTY ARE DISCONNECTED IF DEEMED NECESSARY BY THE BUILDING OFFICIAL OR DIRECTOR OF THE CITY OR HIS DESIGNEE.
AND THAT IN SUCH CASE OWNER, SUBSEQUENT OWNER, OR ANY SUBSEQUENT PURCHASE OF THE PROPERTY FAILS TO COMPLY WITHIN THREE DAYS OF THIS ORDER.
THE CITY MAY ENSURE ALL UTILITIES THROUGH THE PROPERTY ARE DISCONNECTED.
IT IS FURTHER ORDER THAT ANY EVENT THE OWNER, SUBSEQUENT OWNER, OR ANY SUBSEQUENT PURCHASER OF THE PROPERTY SHALL FAIL TO COMPLY WITH THIS ORDER IN THE ALLOTTED TIME.
THEN THE OWNER LIEN HOLDER OR OTHER INSTANT PARTIES SHALL HAVE THE SAME OBLIGATION TO COMPLY WITH THIS ORDER WITHIN 30 DAYS THEREAFTER.
IN FAILING THAT, THE CITY SHALL BE EMPOWERED TO ABATE THE VIOLATIONS LISTED IN THE CODE VIOLATION INVENTORY BY DEMOLISHING THE STRUCTURE OF THE TIME THEREAFTER WITHOUT FURTHER NOTICE.
AND ALL COSTS INCURRED SHALL BE CHARGED AGAINST THE PROPERTY AS A LIEN.
IT IS FURTHER ORDERED THAT A COPY OF THIS ORDER SHALL BE PROMPTLY MAILED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED TO ALL PERSONS AS REQUIRED BY LAW AND BY FIRST CLASS MAIL SHOULD THE CITY DEEM IT EFFECTIVE AT PROVIDING ADDITIONAL NOTICE.
IN ADDITION, A COPY OF THIS ORDER SHALL BE PUBLISHED ONE TIME IN THE OFFICIAL NEWSPAPER OF THE CITY WITHIN 10 CALENDAR DAYS OF THE MAILING OF THE COPY OF THE ORDER, AND THREE FILED IN THE OFFICE OF THE CITY SECRETARY ORDERED THIS DAY, THE 13TH OF NOVEMBER, 2025.
ALRIGHT, UM, COMMISSION, DO WE HAVE ANY ADJUSTMENTS, SUGGESTIONS, CHANGES TO THIS ORDER AS IT IS STATED, AS IT HAS BEEN STATED? I DO HAVE JUST A SLIGHT LANGUAGE CHANGE.
CAN WE ADD INTO THE ORDER NOT ONLY THE DEMOLITION, BUT THE REMOVAL OF ALL DEBRIS, POSSESSIONS, AND PERSONAL PROPERTY, OR IS THAT NECESSARY? WE CAN ADD THAT.
AND I'D ALSO LIKE TO ASK IF WE CAN ADD IN, IF THE CITY DOES HAVE TO TAKE THE ACTION TO DEMOLISH THE PROPERTY, CAN WE PUT A TIMESTAMP ON THAT AS WELL? PERHAPS BY JANUARY 1ST, 2026.
I AM SORRY, WHAT DO YOU MEAN BY A TIMESTAMP? UM, IF YOU DEMOLISH, IF THE OWNER DOES NOT DEMOLISH THE PROPERTY AND REMOVE ALL PERSONAL POSSESSIONS, DEBRIS, AND THE CITY HAS TO TAKE ACTION, THAT WE WILL PUT A TIMELINE ON THE CITY AS WELL SO THAT ANY ACTIONS TAKEN BY THE CITY, WE KNOW THAT WE'RE ON A TIMELINE TO GET THAT DONE AS WELL.
I WOULD, I I WOULD REALLY HAVE TO DEFER TO THE ATTORNEY.
I WOULDN'T ADD A, LIKE IF YOU ASK ME, I WOULDN'T ADD A TIMELINE FOR THE CITY.
UM, BUT WE DO PLAN TO, YOU KNOW, WORK ON IT RIGHT AFTER THE 30 DAYS IF THIS IS WHAT YOU'RE GOING TO DECIDE.
UM, BUT I WOULDN'T REALLY, YOU KNOW, PUT A TIMELINE FOR THE CITY STAFF STRUCTURALLY, I DON'T REALLY THINK THAT WOULD WORK OR BE ENFORCEABLE ANYWAY.
OKAY, SO THE ONLY ADJUSTMENT I HAVE IS TO ADD AND THE REMOVAL OF ALL DEBRIS, PERSONAL PROPERTY AND POSSESSIONS TO THE ORDER.
AND I DON'T BELIEVE WE HAVE ANYTHING ELSE.
DO WE NEED TO READ THAT SPECIFIC FINDING IN ORDER INTO THE RECORD? NO, BUT IF Y'ALL DECIDE TO MAKE A MOTION TO ADOPT THE FINDINGS, AN ORDER ADD, READ AS READ INTO THE RECORD, JUST ADD ONTO YOUR MOTION, WHATEVER ADJUSTMENT YOU, YOU'RE, YOU'RE ADDING.
DO WE HAVE A MOTION TO APPROVE THE FINDINGS AS PRESENTED IN THE ORDER? YES.
I'D LIKE TO MAKE A MOTION TO, UM,
[01:35:01]
PROCEED WITH THE ORDER AS AMENDED BY THE CHAIR.DO I HAVE A SECOND? I SECOND THE MOTION.
I WILL PUT THIS TO A VOTE TO APPROVE OR ACCEPT THE FINDINGS AND ORDERS WITH THE ADJUSTMENTS AS MENTIONED.
DO I HA MAY I SEE A SHOWING OF HANDS FOR THOSE WHO AGREE? DO WE HAVE ANY THAT DO NOT AGREE? ALRIGHT, THAT VOTE PASSES.
I THINK THAT IS IT FOR THAT CASE.
WE HAVE THREE MORE THIS EVENING.
THANK YOU ALL FOR YOUR COMMENTS.
[2. Conduct a public hearing to receive testimony and evidence to determine compliance with prior Building and Standards Commission orders and discussion and consideration on the adoption of an order assessing administrative penalties for the property located at 600 Peggs Street, DeSoto, Texas pursuant to the commission's authority under Article 3.800 of the City of DeSoto Code of Ordinances.]
OUR NEXT ITEM ON THE AGENDA FOR TONIGHT IS TO CONDUCT A PUBLIC HEARING TO RECEIVE TESTIMONY AND EVIDENCE TO DETERMINE COMPLIANCE WITH PRIOR BUILDING AND STANDARD COMMISSION ORDERS IN DISCUSSION AND CONSIDERATION ON THE ADOPTION OF AN ORDER ASSESSING ADMINISTRATIVE PENALTIES FOR THE PROPERTY LOCATED AT 600 PEG STREET IN DESOTO, TEXAS, PURSUANT TO THE COMMISSION'S AUTHORITY UNDER ARTICLE 3.800 OF THE CITY OF DESOTO, CO CODE OF ORDINANCES.DO WE HAVE ANYONE WHO WILL BE TESTIFYING IN THIS CASE TONIGHT? MR. AGAIN? CAN I ASK? YES MA'AM, I WILL.
WILL Y'ALL BE SENDING ME SOMETHING ABOUT DECISION OR GOING FORWARD? YES.
WE'LL WE'LL SEND THIS ARTICLE MY, THE CITY WILL TO.
YES, I'LL BE TESTIFYING ON BEHALF OF THE CITY OF DESOTO.
ALRIGHT, I'M GONNA SWEAR YOU IN ONCE AGAIN FOR THIS.
IF YOU'LL RAISE YOUR RIGHT HAND.
DO YOU SWEAR THAT THE TESTIMONY YOU WILL GIVE BEFORE THIS COMMISSION TODAY TO BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO.
UM, WE'RE GOING TO HAVE A PRESENTATION FOR THIS CASE STAFF, IF YOU COULD PUT THE PRESENTATION ON THE SCREEN.
UM, THIS IS TO PRESENT PAMP FINDING REGARDING THE NON-COMPLIANCE WITH THE BUILDING AND CENTER COMMISSION ORDERS, UH, THAT WAS ISSUED FOR THIS ADDRESS IN THE PAST AND TO ACTUALLY ASSESS ADMINISTRATIVE PENALTIES.
THIS IS AGAIN, UNDER CHAPTER THREE, SUB CHAPTER EIGHT.
YOU HAVE ON THE SECOND, UH, SLIDE NUMBER THREE, YOU HAVE THE PROPERTY AND HONOR INFORMATION, PROPERTY ANSWERS, LEGAL DESCRIPTION OF PROPERTY, HONOR OF CASE TIMELINE.
PART ONE, BACKGROUND ON JUNE 1ST, 2023, WE RECEIVED COMPLAINTS AND REPORTS FROM RESIDENTS FOR IDLE CONSTRUCTION, UH, BUILDING OFFICIAL CONFIRMED EXPIRED PERMITS AND UNSAFE STRUCTURE.
SO WE HAD ISSUED A PERMIT IN THE PAST BEFORE JUNE 1ST, 2023.
AND THEN, YOU KNOW, THE PERMIT WAS EXPIRED AND CONSTRUCTION WAS NOT COMPLETED.
SO THEN ON THE, UM, THE BUILDING OFFICIAL CAUGHT IT AND THEY TALKED TO, UM, THE CONTRACTOR.
CONTRACTOR PULLED ANOTHER PERMIT.
STAFF REISSUED THE PERMIT AGAIN ON JULY 10TH, 2023, UM, FROM JULY 10TH, 2023 UNTIL AUGUST, 2024.
THAT'S LIKE A, A YEAR AND, UH, UM, PROBABLY LIKE 19 DAYS.
THE CONSTRUCTION WAS NOT COMPLETED.
SO, UM, STAFF HELD, HELD A A A MEETING, A PUBLIC HEARING WITH THE BUILDING AND STANDARD COMMISSION IN PROPERTY DECLARED SUBSTANDARD BY THIS COMMISSION.
UM, THE COMMISSION ISSUED AN ORDER TO DEMO THE BUILDING.
AND THEN THAT WAS ON SEPTEMBER 29TH.
YOU CAN SEE, YOU CAN SEE SOME OF THE PICTURES HERE.
UH, THOSE PICTURES ARE FROM JUNE 1ST, 2023.
AND YOU CAN SEE BOTH PROPERTIES.
THIS IS, THIS IS ONLY FOR 600 PICKS, BUT YOU KNOW, WE HAVE ANOTHER, UH, ITEM ON THE AGENDA.
IT WOULD BE EXACTLY THE SAME, BUT IT WOULD BE FOR THE OTHER PROPERTY.
SO YOU SEE SOME, SOME OF THE PICTURES FOR BOTH PROPERTIES.
UH, NOW PART NUMBER TWO, SO WE HAVE FROM SEPTEMBER 29TH, 2024 UNTIL NOVEMBER 25, THIS IS WHEN THE COMMISSION OR YOU KNOW, ISSUED AN, AN AMENDMENT TO THE ORDER.
AND THEN THEY, THEY GAVE, UH, 90 DAYS EXTENSION TO THE, UM, CONTRACTOR.
AND UM, BASICALLY IT WAS AN ORDER TO EITHER DEMO THE BUILDING OR STAFF TO ASSESS FEES OF A THOUSAND DOLLARS PER DAY PER BUILDING.
WE WERE TALKING ABOUT TWO DIFFERENT BUILDINGS AND THE ORDER WAS TO ACTUALLY AUTHORIZE STAFF TO ASSESS PENALTIES OF A THOUSAND DOLLARS PER BUILDING PER DAY.
SO THAT, THAT, THAT HAPPENED ON NOVEMBER 25TH, 2024
[01:40:01]
UNTIL JAN, JUNE 20, JUNE 25TH, 2025.CONSTRUCTION WAS NOT COMPLETED.
IT WAS KIND OF LIKE RACE, UH, PERIOD BY A PREVIOUS STAFF.
WE WORKED ON THIS CASE, WE GAVE THE, THE CONTRACTOR LIKE FEW WEEKS TO, YOU KNOW, ACTIVELY WORK ON THE CONSTRUCTION.
AND WE TOLD THEM JUNE, WE ISSUED A NOTICE AND WE TOLD THEM LIKE ON JUNE 25TH, IF YOU'RE NOT DONE WITH THE CONSTRUCTION, IF YOU, IF YOU'RE NOT SCHEDULING YOUR FINAL INSPECTIONS, THEN WE WOULD, YOU KNOW, WE WOULD PURSUE THE ORDER THAT WE HAVE, WE ALREADY HAVE FROM THE BUILDING OF CENTER COMMISSION AND, AND GO AFTER THE THOUSAND DOLLARS PER DAY PER BUILDING.
SO THEN FROM JUNE 25 UNTIL JUNE, UH, AUGUST 20TH, THIS IS WHEN THE BUILDING BROUGHT TO COMPLIANCE.
I HAVE IN THE ATTACHMENT A BREAKDOWN FOR ALL DAYS FOR THE CASE AND THE, ALONG WITH THE, WITH THE DOLLARS THAT ACTUALLY SHOWS YOU THE TOTAL AMOUNT OF DOLLAR PER BUILDING.
AND THEN AGAIN, WE'RE HERE TONIGHT TO ACTUALLY CLOSE THE CASE AND, YOU KNOW, ASK THE COMMISSION TO DETERMINE THE ADMINISTRATIVE PENALTIES.
THOSE ARE ON AUGUST 20TH WHEN THE BUILDING BROUGHT TO COMPLIANCE.
AND AGAIN, YOU SEE TO BOTH BUILDINGS, IT'S THE NEXT PRESENTATION IS GOING TO BE EXACTLY THE SAME.
AND THEN, UH, NONCOMPLIANCE AGAIN.
UM, GRACE PERIOD ENDED IN JUNE 24TH.
PENALTIES STARTED ON, ON JUNE 25 WITH THE NOTICE SENT TO, TO THE CONTRACTOR.
AND THEN, YOU KNOW, FINALLY THEY BROUGHT THE BUILDING TO COMPLIANCE ON AUGUST 20TH.
WE'RE TALKING ABOUT $57,000 PER BUILDING.
SO WE HAVE TWO BUILDINGS, OKAY.
PUBLIC NOTICE AND LEGAL REQUIREMENTS STAFF, UM, MET ALL THE REQUIREMENTS FROM, UH, CITY ORDINANCES AND, UH, STATE REGULATIONS INCLUDING CERTIFIED MAILS ONSITE POST AND COMPLETED PUBLIC PUBLICATION AND, AND DAILY COMMERCIAL RECORDS AND AGENDA POSTING.
OUR RECOMMENDATION TONIGHT FOR THE FIRST BUILDING IS TO, UH, FOR THE BUILDING, COMMISSION BUILDING AND STANDARD COMMISSION TO CONFIRM THE 57 DAYS OF NON-COMPLIANCE PERIOD FROM JUNE 25TH TO AUGUST 20TH.
AND THE SECOND IS TO ACTUALLY ASSESS APPROPRIATE ADMINISTRATIVE PENALTIES.
SO, YOU KNOW, WE DO UNDERSTAND, YOU KNOW, WE'RE, WE'RE HAVING 57 K, BUT IT WOULD BE UP TO YOU ALL WHETHER YOU WANNA GO WITH THIS 57 K, $57,000 PER BUILDING, OR YOU WANNA REDUCE IT OR YOU CAN, YOU HAVE THE ABILITY TO ACTUALLY ELIMINATE IT.
UM, SO OUR RECOMMENDATION IS TO ASSESS THE APPROPRIATE ADMINISTRATIVE PENALTIES, ADOPT A FINAL ORDER REQUIRING PAYMENT OF THE PENALTY IN FALL WITHIN 90 DAYS.
SO WHAT WE'RE WE'RE LOOKING FOR IS FOR Y'ALL TO COMMIT TO CONFIRM THE 57 DAYS, THAT'S THE FIRST RECOMMENDATION, AND THEN TO ASSESS THE APPROPRIATE, YOU KNOW, PENALTIES.
AND THEN THIRD IS TO ACTUALLY TELL THE CONTRACTOR, HEY, YOU HAVE 90 DAYS TO MAKE THE PAYMENTS AND, AND IF YOU DON'T MAKE IT, THEN YOU KNOW, WE'LL HAVE TO GO TO THE COURT.
UM, AND THEN LAST RECOMMENDATION IS TO CLOSE THE CASE.
SO THEN, YOU KNOW, WE'RE NOT TAKING HIM BACK TO THE BUILDING CENTER COMMISSION UNLESS WE HAVE TO, UM, HAPPY TO TAKE ANY QUESTIONS.
I DON'T KNOW IF THE APPLICANT IS HERE OR THE CONTRACTOR.
UH, BUT IF HE IS HERE AND HE WANTS TO PRESENT ANY INFORMATION, HE'S MORE THAN WELCOME TO DO SO.
MR. SSI, COULD YOU, UH, REPEAT WHAT YOU SAID ABOUT A GRACE PERIOD? YOU SAID PREVIOUS STAFF DID WHAT? SO, YOU KNOW, LET ME GO BACK TO THAT SLIDE.
WHAT HAPPENED? YOU KNOW, THIS COMMISSION ISSUED THE AMENDMENT TO THE ORDER ON NOVEMBER 25TH, 2024.
BUT YOU KNOW, WE DID NOT ASSESS THE PENALTY FEES FROM THAT TIME UNTIL JUNE 25TH, 2025.
ANY OTHER QUESTIONS? WHEN THE, UM, THE NOTICES WERE SENT OUT TO THE CONSTRUCTION COMPANY, WERE THERE ANY RESPONSES OR ANYTHING LIKE THAT? OH, UH, GOOD QUESTION.
UM, WE DID NOT RECEIVE A RESPONSE, BUT WE'VE BEEN IN CONTACT WITH THE, WITH THE CONTRACTOR IN THE PAST AND, YOU KNOW, THEY'RE AWARE, UH, THEY WERE HERE ACTUALLY LAST TIME WHEN WE DIDN'T HAVE A QUORUM.
UM, I DON'T KNOW IF THEY'RE HERE TONIGHT AND YOU KNOW, IF THEY ARE THEN YOU KNOW, I WOULD DEFINITELY RECOMMEND THEM TO COME TO THE PODIUM.
[01:45:01]
NEVER RESPONDED TO ANY OF THE NOTICES, CORRECT? I I DID NOT GET ANY RESPONSE.AND IF, IF STAFF RECEIVED ANY, UH, RESPONSE FROM THEM, FEEL FREE TO, UH, CHIME IN AND, AND, AND LET US KNOW.
JACKIE COLTON, I'M THE ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES.
SO THE, UH, CONTRACTOR, WE HAVE HAD CONVERSATIONS WITH HIM ALONG THE WAY AND, UM, AS, UH, MS. CASEY SAID HE HAD, UH, APPEARED AT, UH, PREVIOUSLY SCHEDULED HEARINGS, BUT HE'S NOT HERE TONIGHT.
DO YOU HAVE A PARTICULAR QUESTION REGARDING HIS RESPONSE? NO, I JUST WANTED TO SEE IF HE WAS, YOU KNOW, IN COMMUNICATION WHEN HE WAS RECEIVING, UH, THE LETTERS FROM THE CITY ABOUT HAVING EVERYTHING IN, YOU KNOW, IN COMPLIANCE BY THE CERTAIN DATES OR IF THEY WERE JUST IGNORING ALL OF THE NOTICES.
NO, HE, HE WAS WORKING TO COMPLETE THE BUILDINGS AND SO WE WOULD RECEIVE FEEDBACK FROM HIM.
AND YOU KNOW, JUST TO ADD TO THIS, WE ACTUALLY SENT TWO NOTICES, ONE TO THE LOGS HOME, WHICH IS THE PROPERTY OWNER THAT YOU SEE AS PART OF THE ATTACHMENTS.
IT'S, UH, 1910 PACIFIC AVENUE.
AND, UH, WE SENT ANOTHER NOTICE TO, TO THE CONTRACTOR, SO WE WANTED TO MAKE SURE THEY'RE AWARE OF, OF TONIGHT'S PUBLIC HEARING.
SO YOU'RE SAYING LET'S TALK ABOUT THE GRACE PERIOD.
SO WE DIDN'T DO, I'M SORRY, LET'S NOT TALK ABOUT THE GRACEFIELD.
LET'S TALK ABOUT PRIOR TO NOVEMBER 25TH, 2024, ALL THE WAY TO JUNE.
WE DID NOT ASSIST ANY FEES OR ANY PENALTIES OR ANYTHING, IS THAT CORRECT? NO.
NO, BUT, BUT IF THE COMMISSION, YOU KNOW, DECIDES TO ADD THAT TO THE 57 K, IT'S GONNA BE, IT'S GONNA BE A LOT OF MONEY.
I JUST WANTED TO MAKE SURE THAT WE'VE ALREADY GIVEN A GRACE IN MERCY PERIOD.
IT, IT'S A GREAT QUESTION AND LET ME JUST RE EMPHASIZE ON THIS.
AS YOU CAN SEE FROM, FROM NOVEMBER 25TH, 2024, THIS COMMISSION ISSUED AN ORDER AND ALLOWED STAFF TO EITHER DEMO THE BUILDING OR, YOU KNOW, ASSESS A THOUSAND DOLLARS PENALTIES PER DAY, PER BUILDING AND, AND WITH AN EXTENSION OF 90 DAYS.
SO, BUT THEN, YOU KNOW, UNTIL JUNE 25 AND WE, WE CONTACTED THE CONTRACTOR BACK IN MAY, WE HAD, WE, YOU KNOW, WE'VE BEEN IN CONVERSATIONS ALONG THE WAY UNTIL WE WERE ABLE TO KIND OF BRING THE BUILDING INTO COMPLIANCE ON AUGUST 20TH.
AND, AND JUST FOR A BIT OF HISTORY, THE GRACE PERIOD WAS PROVIDED BECAUSE THE CONTRACTOR WAS NEW TO A SITUATION THAT HAD BEEN ONGOING FOR SOME TIME.
SO WE DID SAY, HEY, WE KNOW YOU'RE NEW TO THIS, HERE'S A GRACE PERIOD.
SO, UM, THE PROPERTY WAS BROUGHT INTO COMPLIANCE ACCORDING TO CODE STANDARDS FOR THE STRUCTURE BEING COMPLETE, PLUMBING, THINGS OF THAT NATURE.
UM, WERE THERE ANY DISCUSSIONS ABOUT LIKE, UPKEEP OF THE PROPERTY POST THAT PERIOD? OR DOES IT, DOES THE COMPLIANCE INSPECTION TAKE, TAKE INTO ACCOUNT THE WAY THAT THE PROPERTY WAS MAINTAINED? UM, 'CAUSE I NOTICED I I DRY POT PRETTY OFTEN, SO I'VE NOTICED THAT THERE WERE SOME UPKEEP ISSUES OVER THE PAST FEW MONTHS AS WELL.
SO, AND THEN WHAT KIND OF ISSUES, IF I MAY ASK, UM, OVERGROWN GRASSES, A PORTA POTTY THAT'S STILL OUT IN FRONT.
SO WHAT WE DO, WHAT WE, WE LOOK AT WHEN WE DO THE FINAL INSPECTIONS, SO YOU KNOW, THE PROCESS BASICALLY THEY APPLY FOR A PERMIT, WE ISSUE THE PERMIT, THEY TAKE THE CONSTRUCTION PERMIT AND THEY START CONSTRUCTION.
AND THEN WE DO, WE DO INSPECTIONS AND WE DO FINAL INSPECTIONS, WE DO FINAL INSPECTIONS FOR EVERYTHING FOR THE DRIVEWAY AND, YOU KNOW, PLUMBING, MECHANICAL, ELECTRIC OF THE BUILDING ITSELF.
UM, BUT THEN, AND THEN WE FINALIZE IT AND IT, IT, YOU KNOW, WE BRING THE BUILDING INTO COMPLIANCE.
NOW, ANY ISSUES AFTER THAT OF LAFAYETTE, THERE'S LIKE A GRASS ISSUE THAT WOULD BE CODE ENFORCEMENT.
SO THIS IS WHEN WE NOTIFY, YOU KNOW, CODE ENFORCEMENT, THEY GO THERE AND ISSUE A VIOLATION.
UM, YOU KNOW, OUR NEW BUILDING OFFICIAL, MR. ANDREW LUSCOMB, HE'S HERE TONIGHT.
HE'S A NEW, HE STARTED ON MONDAY, HE'LL REACH OUT TO CODE ENFORCEMENT AND LET THEM KNOW ABOUT, ABOUT THIS UM, UH, KIND OF ISSUE AND YOU KNOW, WE'LL, WE'LL GET THAT TAKEN CARE OF.
[01:50:02]
OKAY, I BELIEVE WE SAID THERE ARE NO OTHER UH, SPEAKERS, BUT JUST ASK THE QUESTION, ARE THERE ANY OTHER OWNERS, LESSERS OCCUPANTS, LIEN HOLDERS OR INTERESTED PARTY THAT WISH TO SPEAK ON THIS ITEM TONIGHT? AND I DO NOT HAVE ANY CITIZEN COMMENT CARDS ON THIS EITHER.IS THERE ANYONE THAT WANTED TO SPEAK? ALRIGHT.
OKAY, SO AT 7 53 I'LL CLOSE THE PUBLIC HEARING ON OUR SECOND AGENDA ITEM AND I'LL ASK FOR REMARKS FROM THE COMMISSION MEMBERS.
ARE THERE ANY OTHER COMMENTS OR THOUGHTS? THANK YOU.
CAN WE READ THE ORDER AS PRESENTED? YOU DID A WONDERFUL JOB LAST TIME.
UM, I DON'T BELIEVE STAFF GAVE YOU A RECOMMENDATION ON THE FEE TO BE ASSESSED.
UM, SO Y'ALL WOULD NEED TO DISCUSS THAT SO THAT I CAN READ IT AS APPROPRIATE OR IF YOU'RE GOING TO ASSESS A FINE IT ALL, I THINK MAYBE IT WOULD BE PRUDENT TO DISCUSS THAT AMONGST YOURSELVES PRIOR TO READING THE ORDER.
IT'S STATED IN THE ORDER AS $57,000, THAT'S THE MAXIMUM IT CAN BE.
SO THAT'S THE WAY IT'S PROPOSED IN THE DRAFT.
IF Y'ALL WANT TO ADJUST, IF THAT'S WHAT Y'ALL WANT OR IF Y'ALL WANNA ADJUST OR NOT ASSESS, WE MAY WANNA ESTABLISH THAT NOW SO THAT I CAN ADJUST THE PROPOSED ORDER AS NEEDED.
ARE THERE ANY DESIRES TO CHANGE, ADJUST OR REMOVE THE AMOUNT? NO.
AN ORDER OF THE CITY OF DESOTO BUILDING STANDARDS COMMISSION WITH REGARD TO THE ABATEMENT OF THE SUBSTANDARD AND DANGEROUS STRUCTURE LOCATED AT 600 PEG STREET DESOTO, DALLAS COUNTY, TEXAS, WHEREAS THE BUILDING STANDARDS COMMISSION FOR THE CITY OF DESOTO, TEXAS, THE COMMISSION HAD A PROPERLY NOTICED MEETING CONDUCTED A PUBLIC HEARING ON NOVEMBER 13TH PURSUANT TO ITS AUTHORITY UNDER ARTICLE 3.8 OF THE CODE OF ORDINANCES OF THE CITY OF DESOTO, TEXAS IN CHAPTERS 54 AND TWO 14 OF THE TEXAS LOCAL GOVERNMENT CODE WHEREIN THE STRUCTURE LOCATED AT 600 PEG STREET, DESOTO, DALLAS COUNTY, TEXAS, THE PROPERTY WAS AGENDA ITEM E TWO, LEGAL DESCRIPTION BEING LOCKED 27 BLOCK ONE SHAMROCK GARDENS IN ADDITION TO THE CITY OF DESOTO, DALLAS COUNTY, TEXAS ACCORDING TO THE PLAT THERE OF RECORDED IN VOLUME 24, PAGE 1 21 OF THE MAP RECORDS DALLAS COUNTY, TEXAS.
AND WHEREAS PURSUANT TO THE HEARING ON THE 29TH DAY OF AUGUST, 2024, THE COMMISSION ISSUED AN ORDER ON SEPTEMBER 29TH, 2024 ATTACHED HERE TO AN INCORPORATED HEARING AS EXHIBIT A, THE ORIGINAL ORDER.
AND WHEREAS THE COMMISSION THAT A PROPERTY NOTICE MEETING CONDUCTED THE SECOND PUBLIC HEARING ON THE 14TH DAY OF NOVEMBER, 2024 AT THE REQUEST OF THE PROPERTY OWNER TO SEEK A MODIFICATION TO THE ORIGINAL ORDER TO ALLOW FOR THE ADDITIONAL 90 DAYS TO BRING THE PROPERTY INTO COMPLIANCE WITH MINIMUM BUILDING STANDARDS.
AND WHEREAS THE COMMISSION FOUND DURING THE NOVEMBER 14TH, 2024 HEARING CAUSED TO MODIFY THE ORIGINAL ORDER TO GRANT ADDITIONAL TIME FOR THE PROPERTY TO COME INTO COMPLIANCE WITH THE MINIMUM BUILDING STANDARDS AND WHEREAS PURSUANT TO THE HEARING ON THE 14TH DAY OF NOVEMBER, 2024, THE COMMISSION ISSUED AN ORDER ON NOVEMBER 25TH, 2024 ATTACHED HERE TWO AND INCORPORATED HEREIN AS EXHIBIT B, THE SECOND ORDER.
AND WHEREAS THE COMMISSION HAD A PROPERLY NOTICED MEETING CONDUCTED THE THIRD PUBLIC HEARING ON THE 13TH DAY OF NOVEMBER, 2025 TO ADDRESS THE ASSESSMENT OF ADMINISTRATIVE PENALTIES FOR VIOLATING THE ORIGINAL ORDER AND SECOND ORDER.
AND WHEREAS THIS ORDER SHALL INCORPORATE THE FINDINGS OF FACT FROM THE ORIGINAL ORDER AND WHEREAS THIS ORDER SHALL INCORPORATE THE CONCLUSIONS OF LAW FROM THE ORIGINAL ORDER AND WHEREAS THIS ORDER SHALL SUPERSEDE THE ORIGINAL ORDER AND SECOND ORDER TO THE EXTENT THE ORDERS OF THE COMMISSION ARE MODIFIED HEREIN.
AND WHEREAS THE COMMISSION SPECIFICALLY FINDS THAT ALL PROPER NOTICES HAVE BEEN SENT TO OWNERS, LIEN HOLDERS, MORTGAGES OR OTHERS PARTY CONSISTENT WITH CITY ORDINANCE AND WHEREAS THE COMMISSION TAKES NOTICE OF AND INCORPORATES ALL EVIDENCE PRESENTED TO THE COMMISSION DURING THE OC AUGUST 29TH, 2024, NOVEMBER 14TH, 2024 AND NOVEMBER 13TH, 2025 HEARING INCLUDING THE ISSUANCE OF OF NOTICES FOR ITS CONSIDERATION OF THIS MATTER AND INCORPORATES THE SAME INTO THE BODY OF THIS ORDER.
FOR ALL INTENTS AND PURPOSES, ONE FINDING FACT NOTICE OF THE PROCEEDING IN THIS MATTER HAS BEEN GIVEN, MAILED, PUBLISHED AND POSTED IN ACCORDANCE WITH LAW THE CITY OF DESOTO CITY BROUGHT A COMPLAINT AGAINST THE PROPERTY INCLUDING THE BUILDING STRUCTURES AND PREMISES, WHEREAS THE PROPERTY EXISTS IN SUBSTANDARD AND DANGER CONDITION AND IS AN URBAN, URBAN NUISANCE POSING A DANGER TO LIFE, HEALTH, WELFARE AND SAFETY OF PUBLIC SURROUNDING THE PROPERTY IN VIOLATION OF THE CITY OF DESOTO, CODE OF ORDINANCES, CODE AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE AS ADOPTED BY THE CODE IPMC.
AND THE CURRENT OWNER OF THE PROPERTY IS LUX HOLMES CORPORATION, THE OWNER WITH THE ADDRESS AS FOLLOWS, 35 0 2 EDGEWOOD STREET, DALLAS, TEXAS 7 5 0 0 1 AND PO BOX, I DUNNO, ADDISON, TEXAS 7 5 0 0 1.
AND AFTER HEARING THE EVIDENCE AND REVIEWING THE ORIGINAL ORDER AND SECOND ORDER OF THE COMMISSION, VIOLATION OF THE CODE CONTINUED TO EXIST UNTIL AUGUST 20TH, 2025.
AND AS SUCH, THE ORDERS WERE OF THE COMMISSION AS SET FORTH IN THE ORIGINAL ORDER AND AS MODIFIED
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IN THE SECOND ORDER WERE NOT COMPLIED WITH BY THE DEADLINE OF FEBRUARY 23RD, 2025.AND THE ORIGINAL ORDER IS SECOND ORDER PROVIDED FOR THE ASSESSMENT OF ADMINISTRATIVE PENALTIES IN AN AMOUNT NOT NOT TO EXCEED $1,000 PER DAY FOR FAILURE TO COMPLY.
AND THE CITY HAS REQUESTED ADMINISTRATIVE PENALTIES TO BE ASSESSED FROM JUNE 25TH, 2025 THROUGH AUGUST 20TH, 2025 TO CONCLUSIONS OF LAW.
THE COMMISSION CONCLUDES THAT NOTICE WAS DULY AND PROPERLY GIVEN IN ACCORDANCE WITH THE LAW, THEREBY CONFERRING THE COMMISSION JURISDICTION OVER THESE PROCEEDINGS AND OWNER LIEN HOLDER, OTHER INTERESTED PARTY FAILED TO COMPLY WITH THE ORDERS OF THE COMMISSION AS SET FORTH IN THE ORIGINAL ORDER AND AS MODIFIED IN THE SECOND ORDER.
AND PURSUANT TO CHAPTER 54 OF THE TEXAS LOCAL GOVERNMENT CODE AS CODIFIED IN CHAPTER THREE, BUILDING REGULATIONS OF THE CODE, THE COMMISSION HAS THE AUTHORITY TO DETERMINE THE AMOUNT AND DURATION OF THE CIVIL PENALTIES THE CITY MAY RECOVER FOR VIOLATION OF ORDERS OF THE COMMISSION THREE ORDERS OF THE COMMISSION.
NOW THEREFORE IT IS HEREBY ORDERED BY THE BUILDING AS STANDARDS COMMISSION OF THE CITY OF DESOTO THAT IT IS THEREFORE ORDERED THAT THE RECITALS OF THIS ORDER ARE INCORPORATED HEREIN.
IT IS FURTHER ORDERED THAT THE ORDERS OF THE COMMISSION FROM THE ORIGINAL AND SECOND ORDER ARE INCORPORATED HEREIN.
IT IS FURTHER ORDERED THAT ADMINISTRATIVE PENALTY SHALL BE ASSESSED AGAINST THE PROPERTY O AND OWNER BETWEEN JUNE 25TH, 2025 THROUGH AUGUST 20TH, 2025 IN THE, IN THE AMOUNT OF $1,000 PER DAY FOR TOTAL AMOUNT OF $57,000 TO BE PAID WITHIN 90 DAYS OF THE DATE OF THIS ORDER.
IT IS FURTHER ORDERED THAT THIS ORDER SHALL BE THE FINAL DECISION OF THE COMMISSION FOR THE APPELLATE DEADLINE PROVIDED IN SECTION 54.039 OF THE TEXAS LOCAL GOVERNMENT CODE.
NO CITY OFFICIAL OR EMPLOYEE IS AUTHORIZED TO CHANGE ANY PROVISION OF THIS ORDER.
IT IS FURTHER ORDER THAT A COPY OF THIS ORDER SHALL BE PROMPTLY MAILED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED TO ALL PERSONS AS REQUIRED BY LAW AND BY FIRST CLASS MAIL SHOULD THE CITY MEET EFFECTIVE AT PROVIDING ADDITIONAL NOTICE.
IN ADDITION, A COPY OF THIS ORDER SHALL BE PUBLISHED ONE TIME IN THE OFFICIAL NEWSPAPER OF THE CITY WITHIN 10 CAL 10 CALENDAR DAYS AFTER THE MAILING OF THE COPY OF THE ORDER AND THREE FILED IN THE CITY'S FILED IN THE OFFICE OF THE CITY'S SECRETARY.
IT'S FURTHER ORDERED THAT A CERTIFIED COPY OF THIS ORDER SHALL BE FILED BY THE CITY'S SECRETARY WITH THE DISTRICT CLERK OF DALLAS COUNTY, TEXAS ORDERED THIS 13TH DAY OF NOVEMBER, 2025.
MAY I HAVE A MOTION TO APPROVE THE FINDINGS AND ORDER AS PRESENTED? A MOTION TO APPROVE.
WE HAVE A MOTION FROM MR. DENSON AND MAY I HAVE A SECOND PLEASE? SECOND, I'M SORRY, WHO WAS THAT? SECOND.
AND A SECOND FROM COMMISSIONER DARN.
DO MAY I SEE A SHOWING OF HANDS FOR THOSE WHO APPROVE THE ORDER AS PRESENTED AND THAT WOULD PASS.
WE HAVE TWO MORE FOR THIS EVENING.
[3. Conduct a public hearing to receive testimony and evidence to determine compliance with prior Building and Standards Commission orders and discussion and consideration on the adoption of an order assessing administrative penalties for the property located at 604 Peggs Street, DeSoto, Texas pursuant to the commission's authority under Article 3.800 of the City of DeSoto Code of Ordinances.]
TO THIS ONE WE'RE GONNA CONDUCT A PUBLIC HEARING TO RECEIVE TESTIMONY AND EVIDENCE TO DETERMINE COMPLIANCE WITH PRIOR BUILDING AND STANDARDS, COMMISSION ORDERS AND DISCUSSION AND CONSIDERATION ON THE ADOPTION OF AN ORDER ASSESSING ADMINISTRATIVE PENALTIES FOR THE PROPERTY LOCATED AT 6 0 4 PECK STREET, DESOTO, TEXAS, PURSUANT TO THE COMMISSION'S AUTHORITY UNDER ARTICLE 3.800 OF THE CITY OF DESOTO COURT OF CODE OF ORDINANCES.AND I WILL SWEAR YOU IN JUST ONE MORE TIME.
AND DO YOU SWEAR THAT THE TESTIMONY YOU'LL GIVE BEFORE THIS COMMISSION TODAY TO BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO.
WE'LL HAVE A PRESENTATION FROM THANK YOU MADAM CHAIR.
I'M MAD CASEY AGAIN, DIRECTOR OF GOVERNMENT SERVICES.
I WANT TO THANK YOU ONE MORE TIME FOR BEING HERE TONIGHT.
WE LOOK FORWARD TO THIS PARTNERSHIP AND WE APPRECIATE IT AND THANK YOU FOR YOUR SERVICE.
I WANNA CONGRATULATE YOU AGAIN FOR BEING ELECTED TO BE THE CHAIR AND THE VICE CHAIR AND THE NEW COMMISSIONER AS WELL.
THIS IS THIS GOING TO BE THE EXACTLY THE SAME CASE WE JUST PRESENTED, BUT IT WILL BE FOR THE KIND OF THE IDENTICAL OR SIMILAR BUILDING AT 6 0 4 PEGS.
WHAT WE TALKED ABOUT, THE LA THE PREVIOUS ITEM, IT WAS 600, THIS IS 6 0 4 BEING EXACTLY THE SAME IN, UH, THE PURPOSE OF THE PUBLIC HEARING IS TO ASSESS THE ADMINISTRATIVE PENALTIES.
AND THIS IS UNDER CHAPTER THREE, SUBCHAPTER OR ARTICLE 3.8, PROPERTY ADDRESS, LEGAL DESCRIPTION AND PROPERTY OWNER ON THE THIRD SLIDE AS YOU CAN SEE.
AND THEN THE TIMELINE, IT WOULD BE THE SAME JUNE 1ST, 2023,
[02:00:03]
ALL THE WAY TO JULY 10TH, 2023, AUGUST, SEPTEMBER, UH, YOU CAN SEE THE SAME PICTURES.THIS IS THE ANOTHER TIMELINE AGAIN, YOU KNOW, WITH THE AMENDMENT OF THE UH, ORDER THAT THIS COMMISSION ISSUED IN, UM, NOVEMBER 25TH, 2024, THE, YOU, YOU, YOU COMMISSIONERS AUTHORIZED STAFF TO EITHER DEMO THE BUILDING OR ASSESS PENALTIES OF A THOUSAND DOLLARS PER DAY PER BUILDING.
AND THEN WE ISSUED, WE KIND OF SENT A NOTICE BEFORE JUNE 25TH.
WE, WE DID LET THE CONTRACTOR KNOW LIKE, HEY, IF YOU DON'T COMPLETE THE CONSTRUCTION, WE WILL HAVE TO GO WITH, WITH THE OTHER OPTION ASSESSING THE FEES.
SO ON UM, JUNE 25TH WE START, WE KIND OF CUT THE REG GRACE PERIOD AND WE STARTED THE THOUSAND DOLLARS PENALTY PER DAY UNTIL AUGUST 20 20TH WHEN THE BUILDING WAS BROUGHT TO COMPLIANCE.
THOSE PICTURES ARE TAKEN ON AUGUST 20TH AND YOU CAN SEE THE GRASSES, YOU KNOW, PRETTY GOOD THERE,
OKAY THEN COMPLIANCE PERIOD BY THE CONTRACTOR, YOU KNOW, JUNE 24TH UNTIL, YOU KNOW, THEN IN THE PENALTY STARTED ON JUNE 20TH, COMPLIANCE ACHIEVED ON AUGUST 20TH.
FINALLY ON 2025, TOTAL DAY IS 57, MAXIMUM OF PENALTY.
A THOUSAND DOLLARS PER DAY MAXIMUM IS $57,000.
THIS IS A MAXIMUM THAT THIS COMMISSION CAN AUTHORIZE US TO ASSESS.
SO, YOU KNOW, IF YOU FEEL LIKE YOU, YOU THIS IS, THIS IS A LOT OF MONEY FOR TWO BUILDINGS, THEN THIS IS YOUR OPPORTUNITY TO EITHER ELIMINATE IT FOR THE SECOND BUILDING, GO WITH A PERCENTAGE OR PORTION OF IT, OR YOU HAVE THE ABILITY TO ENTIRELY ASSESS THE 50,000, $57,000 PUBLIC NOTICE AND LEGAL REQUIREMENTS.
STAFF MET ALL THE REQUIREMENTS INCLUDING CERTIFIED MAIL ON SITE POSTING, COMPLETED AND YOU KNOW, PUBLISHED IN DAILY COMMERCIAL RECORD ALONG WITH THE AGENDA POSTING.
AND OUR RECOMMENDATION TONIGHT WILL BE THE SAME, CONFIRM THE 57 DAYS OF NONCOMPLIANCE, ASSESS APPROPRIATE FEES, SO HAVE THE ABILITY TO EITHER GO WITH THE 57 OR ADJUST.
OR ELIMINATE AND THEN, AND THEN WHAT WE WANNA MAKE SURE IS IF YOU AUTHORIZE US TO ASSESS PENALTIES, THEN WE WOULD LIKE FOR THE OWNER TO OR THE CONTRACTOR TO PAY THE PENALTIES WITHIN 90 DAYS IN FULL.
AND THEN WE ALSO RECOMMEND NEED TO CLOSE THE CASE.
HAPPY TO TAKE ANY QUESTIONS AND AGAIN, IF THE APPLICANT OR THE CONTRACTOR IS HERE OR THE OWNER OR THE OWNER REP, I WOULD REALLY RECOMMEND THEM TO COME TO THE PODIUM.
I NEGLECTED TO OPEN THE HEARING.
CAN WE PUT THAT FOR 8:01 PM THANK YOU.
ARE THERE ANY OTHER QUESTIONS FOR STAFF? AND I DON'T BELIEVE ANYONE HAS SHOWN UP, BUT ARE THERE ANY, UH, OWNERS, LESSORS, OCCUPANTS, LIEN HOLDERS OR INTERESTED PARTIES THAT WOULD LIKE TO STEP TO THE PODIUM OR CITIZEN COMMENTS? OKAY, THANK YOU.
I WILL CLOSE THE PUBLIC HEARING ON THIS AT 8 0 7.
ARE THERE ANY OTHER REMARKS FROM THE COMMISSION ON THIS OR QUESTIONS? YOU HAVE THE ADDITIONAL ORDER? I'LL READ IT.
OKAY, I'M GOING TO READ THE ORDER AS STATED IN ORDER OF THE CITY OF DESOTO BUILDING AND STANDARDS COMMISSION WITH REGARD TO THE ABATEMENT OF THE SUBSTANDARD AND DANGEROUS STRUCTURE LOCATED AT 6 0 4 PEG STREET, DESOTO, DALLAS COUNTY, TEXAS, WHEREAS THE BUILDING STANDARDS COMMISSION FOR THE CITY OF DESOTO, THE COMMISSION AT A PROPERLY NOTICE MEETING CONDUCTED A PUBLIC HEARING ON NOVEMBER 13TH, 2025 PURSUANT TO ITS AUTHORITY UNDER ARTICLE 3.800 OF THE CODE OF ORDINANCES OF THE CITY OF DESOTO, TEXAS AND CHAPTERS 54 AND TWO 14 OF THE TEXAS LOCAL GOVERNMENT CODE WHEREIN THE STRUCTURE LOCATED AT 6 0 4 PEG STREET, DESOTO, DALLAS COUNTY, TEXAS, THE PROPERTY WAS AGENDA ITEM NUMBER E THREE ACTUALLY LEGAL DESCRIPTION BEING LOT 26 BLOCK ONE.
SHAMROCK GARDENS IN ADDITION TO THE CITY OF DESOTO, DALLAS COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 24, PAGE 1 21 OF THE MAP RECORDS DALLAS COUNTY, TEXAS.
AND WHEREAS PURSUANT TO THE, PURSUANT TO THE HEARING ON THE 29TH DAY OF AUGUST, 2024,
[02:05:02]
THE COMMISSION ISSUED AN ORDER ON SEPTEMBER 29TH, 2024.ATTACHED HERE TO AN INCORPORATED HEREIN IS EXHIBIT A, THE ORIGINAL ORDER.
AND WHEREAS THE COMMISSION AT A PROPERLY NOTICED MEETING CONDUCTED A SECOND PUBLIC HEARING ON THE 14TH DAY OF NOVEMBER, 2024 AT THE REQUEST OF THE PROPERTY OWNER TO SEEK A MODIFICATION TO THE ORIGINAL ORDER TO ALLOW FOR AN ADDITIONAL 90 DAYS TO BRING THE PROPERTY INTO COMPLIANCE WITH THE MINIMUM BUILDING STANDARDS.
AND WHEREAS THE COMMISSION FOUND DURING THE NOVEMBER 14TH, 2024 HEARING CAUSED TO MODIFY THEIR ORIGINAL ORDER TO GRANT ADDITIONAL TIME FOR THE PROPERTY OWNER TO COME INTO COMPLIANCE WITH THE MINIMUM BUILDING STANDARDS.
AND WHEREAS PURSUANT TO THE HEARING ON THE 14TH DAY OF NOVEMBER, 2024, THE COMMISSION ISSUED AN ORDER ON NOVEMBER 25TH, 2024 ATTACHED HERE TO AND INCORPORATED HEREIN AS EXHIBIT B, THE SECOND ORDER.
AND WHEREAS THE COMMISSION AT A PROPERLY NOTICED MEETING CONDUCTED A THIRD PUBLIC HEARING ON THE 13TH DAY OF NOVEMBER, 2025 TO ADDRESS THE ASSESSMENT OF ADMINISTRATIVE PENALTIES FOR VIOLATING THEIR ORIGINAL ORDER AND SECOND ORDER.
AND WHEREAS THIS ORDER SHALL INCORPORATE THE FINDINGS OF FACT FROM THEIR ORIGINAL ORDER AND WHEREAS THIS ORDER SHALL INCORPORATE THE CONCLUSIONS OF LAW FROM THEIR ORIGINAL ORDER AND WHEREAS THIS ORDER SHALL SUPERSEDE THEIR ORIGINAL ORDER AND SECOND ORDER TO THE EXTENT THE ORDERS OF THE COMMISSION ARE MODIFIED HEREIN.
AND WHEREAS THE COMMISSION SPECIFICALLY FINDS THAT ALL PROPER NOTICES HAVE BEEN SENT TO OWNERS, LIEN HOLDERS, MORTGAGES, AND OTHER INTERESTED PARTIES CONSISTENT WITH CITY ORDINANCES.
AND WHEREAS THE COMMISSION TAKES NOTICE OF AND INCORPORATES ALL EVIDENCE PRESENTED TO THE COMMISSION DURING THE AUGUST 29TH, 2024, NOVEMBER 14TH, 2024, AND NOVEMBER 13TH, 2025 HEARING, INCLUDING THE ISSUANCE OF NOTICES FOR ITS CONSIDERATION OF THIS MATTER AND INCORPORATES THE SAME INTO THE BODY OF THE ORDER FOR ALL INTENTS AND PURPOSES, ONE, FINDING A FACT.
ONE NOTICE THE PROCEEDINGS IN THIS MATTER HAS BEEN NOTICE OF THE PROCEEDINGS IN THIS MATTER HAS BEEN GIVEN, MAILED, PUBLISHED, AND POSTED IN ACCORDANCE WITH LAW.
AND TWO, THE CITY OF DESOTO CITY HAD BOUGHT A COMPLAINT AGAINST THE PROPERTY, INCLUDING THE BUILDING STRUCTURES AND PREMISES, WHEREAS THE PROPERTY EXISTS IN A SUBSTANDARD AND DANGEROUS CONDITION AND IS AN URBAN NUISANCE POSING DANGER TO THE LIFE, HEALTH, WELFARE, AND SAFETY OF THE PUBLIC SURROUNDING THE PROPERTY IN VIOLATION OF THE CITY OF DESOTO, CODE OF ORDINANCES, CODE, AND IN THE INTERNATIONAL PROPERTY MAINTENANCE CODE AS ADOPTED BY THE CODE IPMC.
AND THE CURRENT OWNER OF THE PROPERTY IS LUXE HOLMES CORPORATION.
THE OWNER WITH ADDRESSES AS FOLLOWS, 3 5 0 2 EDGEWOOD STREET, DALLAS, TEXAS 7 5 0 0 1 AND PO BOX 15 0 2 1 5 0 2 ANDERSON, TEXAS 7 5 0 0 1 AND AFTER HEARING THE EVIDENCE AND REVIEWING THE ORIGINAL ORDER IN SECOND ORDER OF THE COMMISSION, VIOLATIONS OF THE CODE CONTINUE TO EXIST UNTIL AUGUST 20TH, 2025.
AND AS SUCH, THE ORDERS OF THE COMMISSION AS SET FORTH IN THE ORIGINAL ORDER AND AS MODIFIED IN THE SECOND ORDER, WERE NOT COMPLIED WITH BY THE DEADLINE OF FEBRUARY 23RD, 2025 AND THE ORIGINAL ORDER AND SECOND ORDER PROVIDED FOR THE ASSESSMENT OF ADMINISTRATIVE PENALTIES IN AN AMOUNT NOT TO EXCEED A THOUSAND DOLLARS PER DAY FOR FAILURE TO COMPLY.
AND THE CITY HAS REQUESTED ADMINISTRATIVE PENALTIES TO BE ASSESSED FROM JUNE 25TH, 2025 THROUGH AUGUST 20TH, 2025 TO CONCLUSIONS OF LAW.
THE COMMISSION CONCLUDES THAT NOTICE WAS DULY AND PROPERTY GIVEN IN ACCORDANCE WITH THE LAW, THEREBY CONFERRING COMMISSION JURISDICTION OVER THESE PRO PROCEEDINGS.
AND THE OWNER LIEN HOLDER AND OTHER INTERESTED PARTY FAILED TO COMPLY WITH THE ORDERS OF THE COMMISSION AS SET FORTH IN THEIR ORIGINAL ORDER AND IS MODIFIED IN THE SECOND ORDER.
AND PURSUANT TO CHAPTER 54, THE TEXAS LOCAL GOVERNMENT CODE HAS CODIFIED IN CHAPTER THREE, BUILDING REGULATIONS OF THE CODE.
THE COMMISSION HAS AUTHORITY TO DETERMINE THE AMOUNT AND DURATION OF CIVIL PENALTIES THE CITY MAY RECOVER FOR VIOLATIONS OF ORDERS OF THE COMMISSION, THREE ORDERS OF THE COMMISSION.
NOW THEREFORE, IT IS HEREBY ORDERED BY THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF DESOTO THAT IT IS THEREFORE ORDERED THAT THE RECITALS OF THIS ORDER ARE INCORPORATED HEREIN.
IT'S FURTHER ORDERED THAT THE ORDERS OF THE COMMISSION FROM THE ORIGINAL AND SECOND ORDER ARE INCORPORATED HEREIN.
IT IS FURTHER ORDERED THAT THE ADMINISTRATIVE PENALTY SHALL BE ASSESSED AGAINST THE PROPERTY AND OWNER BETWEEN JUNE 25TH, 2025 THROUGH AUGUST 20TH, 2025, IN THE AMOUNT OF 1000 AND NO DOLLARS, $1,000 PER DAY FOR A TOTAL AMOUNT OF $57,000 AND NO CENTS TO BE PAID WITHIN 90 DAYS OF THE DATE OF THIS ORDER.
IT IS FURTHER ORDERED THAT THIS ORDER SHALL BE THE FINAL DECISION OF THE COMMISSION FOR THE APPELLATE DEADLINE PROVIDED IN SECTION 54.039 OF THE TEXAS LOCAL GOVERNMENT CODE.
NO CITY OFFICIAL OR EMPLOYEES AUTHORIZED TO CHANGE ANY PROVISION OF THIS ORDER.
IT IS FURTHER ORDERED THAT A COPY OF THIS ORDER SHALL BE PROMPTLY MAILED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED TO ALL PERSONS AS REQUIRED BY LAW AND BY FIRST CLASS MAIL SHOULD THE CITY DEEM IT EFFECTIVE AT PROVIDING ADDITIONAL NOTICE.
IN ADDITION, A COPY OF THIS ORDER SHALL BE ONE PUBLISHED, UH, PUBLISH ONE IN TIME, PUBLISH ONE TIME IN THE OFFICIAL NEWSPAPER OF THE CITY WITHIN 10 CALENDAR DAYS AFTER THE MAILING OF THE COPY OF THE ORDER AND FILED IN THE OFFICE
[02:10:01]
OF THE CITY SECRETARY.IT IS FURTHER ORDERED THAT A CERTIFIED COPY OF THIS ORDER SHALL BE FILED, FILED BY THE CITY SECRETARY WITH THE DISTRICT CLERK OF DALLAS COUNTY, TEXAS, ORDERED THIS 13TH DAY OF NOVEMBER, 2025.
ALRIGHT, MAY I HAVE A MOTION TO APPROVE THE FINDINGS AS READ? I'LL MOVE TO, I'LL MOVE THAT WE APPROVE THE FINDINGS THAT YOU READ.
WHAT IS YOUR LAST NAME AGAIN? EDWARDS JOHNSON.
FROM COMMISSIONER EDWARDS JOHNSON.
AND WE HAVE A SECOND FROM COMMISSIONER HAWKINS.
I'M GONNA GET IT ONE DAY, THE FIRST TIME.
MAY I SEE A SHOWING OF HANDS TO ACCEPT THE MOTION AS PRESENTED? ALRIGHT, THAT PASSES.
THANK YOU ALL FOR YOUR WORK AND PATIENCE TONIGHT.
WE'VE DONE GREAT WORK TONIGHT.
[4. Conduct a public hearing to receive testimony and evidence on a substandard property/structure located at 1415 S. Hampton Rd., DeSoto, Texas, and discussion and consideration on the adoption of an order pursuant to the commission's authority under Article 3.800 of the City of DeSoto Code of Ordinances.]
FOURTH ITEM ON THE AGENDA FOR THE PUBLIC HEARING IS TO CONDUCT A PUBLIC HEARING TO RECEIVE TESTIMONY AND EVIDENCE ON A SUBSTANDARD PROPERTY STRUCTURE LOCATED AT 1415 SOUTH HAMPTON ROAD, DESOTO, TEXAS.IN A DISCUSSION AND CONSIDERATION ON THE ADOPTION OF AN ORDER PURSUANT TO THE COMMISSIONER'S AUTHORITY UNDER ARTICLE 3.800 OF THE CITY OF DESOTO CODE OF ORDINANCES, WE'LL OPEN THE PUBLIC HEARING ON THIS ONE AT 8:15 PM UM, OTHER THAN STAFF, IS THERE ANYONE ELSE THAT WILL BE SPEAKING ON THIS ITEM THIS EVENING? SIR, CAN YOU PLEASE APPROACH THE BENCH OR NOT THE BENCH, THE PODIUM.
I'LL NEED TO SWEAR BOTH OF YOU AND IF YOU'LL RAISE YOUR RIGHT HAND.
DO EACH OF YOU SWEAR THAT THE TESTIMONY YOU WILL GIVE BEFORE THIS COMMISSION TODAY TO BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? THANK YOU.
WE'LL CALL YOU UP IN JUST A MOMENT.
I'M MATT QUESI, THE DIRECTOR OF DEVELOPMENT SERVICES DEPARTMENT.
PUBLIC HEARING PURPOSE AGAIN, WE HAVE ANOTHER PUBLIC HEARING TONIGHT FOR 1450 SOUTH HAMPTON ROAD AND THIS IS UNDER CHAPTER THREE, ARTICLE 3.800.
HERE YOU CAN SEE THE PROPERTY ADDRESS ALONG WITH THE LEGAL DESCRIPTION AND THE PROPERTY OWNER INSPECTION AND VIOLATION OVERVIEW INSPECTION DATES.
WE WENT TO THE, TO THE PROPERTY ON AUGUST 15TH, 2025 AND WE, UH, INSPECTED THE PROPERTY.
UH, THE FINDINGS WERE THAT STRUCTURE DEEMED DANGEROUS OR SUBSTANDARDS UNDER THE CITY CODE AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE IPMC 2021.
ADDITION FROM, FROM INTERNATIONAL CODE OF CONSOLE AND THAT WAS ADOPTED BY THE CITY CONSOLE VIOLATIONS OBSERVED.
WE HAVE BROKEN OR UNSTABLE FRONT PORCH STEPS AND WINDOWS ENCLOSED PORCH CONSTRUCTED WITH THAT PERMIT.
THE PICTURES ON THE LEFT IS FOR THE ENTIRE PROPERTY.
AND THEN THE PICTURES ON THE RIGHT THAT YOU CAN SEE THE BROKEN WINDOWS.
THIS IS JUST GONNA SHOW YOU THE UNSTABLE STEPS AND PORCH AND THEN MORE PICTURES HERE TO SHOW YOU THE, UM, ADDITION TO EXISTING THAT PIECE OF, UH, PROPERTY THAT WAS ADDED TO THE, TO THE EXISTING, UH, PROPERTY.
IT WAS NOT PERMITTED AND IT, IT DID NOT MEET THE BUILDING CODE.
AS YOU CAN SEE, THERE'S A GAP BETWEEN THE EXISTING WALL AND THE, AND THE NEW ONE CODE VIOLATION REFERENCES.
THIS IS UNDER CHAPTER THREE OF THE BUILDING REGULATIONS OF THE CITY CODE, ALONG WITH THE INTERNATIONAL PROPERTY MAINTENANCE CODE AND UNSAFE STRUCTURES POSE A DANGER TO LIFE, HEALTH, PROPERTY OR PUBLIC SAFETY.
HERE IS A KEY CODE VIOLATIONS IPMC, SECTION 1 1 1 0.1 0.4.
THIS IS UNLAWFUL STRUCTURE, UN PERMITTED REAR ADDITION AND OPEN GAPS IN WALL.
UH, AND ANOTHER CODE VIOLATION PER THE IPMC IS 1 1 1 0.1 0.5.
UM, ITEM NUMBER ONE, UNSAFE MEANS OF OF RE AS, AS YOU CAN SEE BACK ON, LET ME GO BACK TO THE PICTURES.
AS YOU CAN SEE, THIS IS, YOU KNOW, NOT SAFE.
[02:15:02]
OKAY.WORK CODE VIOLATIONS, THE STRUCTURAL INSTABILITY ALONG WITH THE NEGLECTED AND UNSECURED PROPERTY.
UH, WE HAVE EXHIBIT A IN THE ATTACHMENT THAT SHOWS YOU THE CODE VIOLATIONS IN DETAIL.
COMPLIANCE TIMELINE BY STAFF ON FEBRUARY 17, FINAL NOTICE OF VIOLATIONS WAS SENT TO THE OWNER AUGUST 15.
WE DIDN'T INSPECT THE PROPERTY AGAIN AND WE CONFIRMED THE VIOLATIONS THAT, UH, THEY HAD, THEY REMAINED THE SAME.
WE ISSUED A, A NOTICE FOR PUBLIC HEARING.
IT WAS MAILED TO THE OWNER ON OCTOBER 21ST, OCTOBER 23RD.
WE POSTED THE NOTICE ON THE PROPERTY.
AND THEN ON OCTOBER 24TH, WHEN WE PUT THE NOTICE ON, ON, UH, THE NEWSPAPER STAFF RECOMMENDATION TONIGHT, BASED ON THE UNSAFE CONDITION OF THE STRUCTURE, STAFF RECOMMENDS THAT THE COMMISSION ISSUE AN ORDER TO REQUIRE THE HONOR TO COMPLETE THE FOLLOWING ACTIONS WITHIN THE IDENTIFIED DEADLINE.
WE WANT THE HONOR TO SUBMIT A REHABILITATION AND COMPLIANCE PLAN FOR RECOMMENDATION OF VIOLATIONS LISTED IN THE CODE OF VIOLATION AND INVENTORY EXHIBIT A UNDER THE ATTACHMENTS WITHIN 10 DAYS, WITHIN 30 DAYS, WE WOULD WANT THE, THE HONOR TO OBTAIN ALL THE NECESSARY PERMITS AND BEGIN WORK IN COMPLIANCE WITH THE REHABILITATION.
REHABILITATION AND THE COMPLIANCE PLAN.
THEY WOULD NEED TO SUBMIT WITHIN 10 DAYS AND THEN WITHIN 60 DAYS TO ENSURE NO VIOLATION IS REMAIN.
AND, UM, THEY TAKE CARE OF ALL THE CODE VIOLATIONS INVENTORY, WHICH IS AGAIN, EXHIBIT A AND THE ATTACHMENTS.
UM, THEY TAKE CARE OF ALL OF THAT AND, AND, UM, THEY OBTAIN ALL THE NECESSARY, YOU KNOW, PERMITS AND SCHEDULE INSPECTIONS.
I DO WANNA MENTION, I THINK THERE IS A MINOR DISCREPANCY BETWEEN THE PRESENTATION AND, AND, UH, UH, STAFF REPORT ON, UNDER A STAFF REPORT.
WE HAVE 45 DAYS, BUT THEN THIS IS THE, INITIALLY WE HAVE 45 DAYS, BUT THEN WE, WE EXTENDED IT TO 60 DAYS.
SO WE GAVE, WE WANT TO GIVE, THIS IS WHAT WOULD BE OUR RECOMMENDATION, IS TO ACTUALLY GIVE THE OWNER 60 DAYS TO BRING THIS BUILDING INTO COMPLIANCE.
UM, HAPPY TO TAKE ANY QUESTIONS OR ASKING THE APPLICANT THE OWNER TO COME IN AND PRESENT.
THEY WOULD LIKE TO, COULD YOU GO BACK QUICKLY JUST TO THE VIOLATION SO WE CAN SEE THAT LIST? SURE, SURE.
ARE THERE ANY OTHER QUESTIONS FOR STAFF? ALL RIGHT, SIR, WOULD YOU LIKE TO COME UP? WOULD YOU PRONOUNCE YOUR LAST NAME FOR ME SO I DON'T, IT'S POGUE.
MR. POGUE, THANK YOU FOR BEING HERE TONIGHT.
COULD YOU, UM, ALSO STATE YOUR CITY FOR THE RECORD OF RESIDENCE? UH, WHERE I LIVE? ILLA ILLA.
UM, WELL, UM, I CAME AND TALKED TO THIS GENTLEMAN WHEN I GOT THE FIRST LETTER AND I TOLD, HE ASKED ME WHAT I WAS PLANNING TO DO WITH IT AND I SAID I WAS GOING TO TRY AND SELL IT AND WITHIN A MONTH OF THAT, I HAD A REAL ESTATE AGENT COME OUT AND DO IT.
THERE'S BEEN A, UH, SIGN OUT THERE EVER SINCE.
SO I WAS ASSUMING EVERYTHING WAS OKAY FOR ME TO SELL IT AND LET THE NEW OWNERSHIP DO WHAT THEY WANTED TO DO WITH IT.
AS FAR AS THE BROKEN WINDOWS, I FIXED THEM SEVERAL TIMES.
I GOT TIRED OF FIXING THEM, SO I PUT BOARDS UP.
UH, WHEN DID THE PROPERTY GO ON THE MARKET? UH, ABOUT A MONTH AGO.
AND PEOPLE ARE BREAKING THE WINDOWS? WELL, THEY HAVE, I MEAN, NOT THE ONES, THE ONES THAT HAVE THE BOARDS IN 'EM HAVE BEEN BROKE SEVERAL TIMES.
THAT'S WHY I BOARDED THEM INSTEAD OF FIXING IT.
DO YOU HAVE ANY OTHER COMMENTS FOR US TONIGHT? UH, NO, I DON'T.
DOES ANYONE HAVE ANY QUESTIONS FOR MR. POLK? WHAT ARE YOUR PLANS TO DO WITH THE PROPERTY IF IT DOESN'T SELL OR IF IT TAKES A A WHILE FOR IT TO SELL? WELL, I'LL FIX IT IF, IF THAT HAPPENS.
I WAS TOLD THAT IF, IF I WAS PUTTING IT FOR SALE THEN THAT WOULD BE FINE.
ANY OTHER QUESTIONS? IS THERE A SPECIFIC TIMELINE WHEN YOU WILL START TO DO THE WORK IF IT HASN'T SOLD? UH, WELL, I MEAN, I'VE HAD OFFERS.
I'M JUST TRYING TO WAIT FOR THE BEST OFFER FOR MY FAMILY AND YOU
[02:20:01]
KNOW, AS FAR AS AS THAT GOES, YOU KNOW, IF Y'ALL TELL ME IT'S GOTTA BE DONE A CERTAIN TIME WHEN IT WOULD BE DONE, I WOULD RATHER HAVE THE NEW, WHOEVER BUYS IT, DO IT, HAVE IT FOR SALE AS IS.AND AS FAR AS THE STRUCTURE GOES, THE STRUCTURE'S FINE.
THE STEPS, ONE OF THE FIRST STEP IS BROKE.
I'VE WALKED UP THOSE STEPS A THOUSAND TIMES.
THERE'S NOTHING WRONG WITH THE DECK, IT'S FINE.
I DON'T KNOW WHERE THAT CAME FROM, BUT OKAY.
THERE'S ONE BROKEN STEP IS NOT A HAZARD.
IS THE ELECTRICITY AND WATER ON IN THE HOME AT ALL OR? YES, IT HAS ELECTRICITY HAS ELECTRICITY.
ARE THERE ANY OTHER QUESTIONS FOR MR. COLE? AND, AND PEOPLE GO MOW, WE EAT EVERY TWO WEEKS.
WE EAT, BRUSH, UH, BUSHES, CUT TREES CUT.
UM, SIR, YOU SAID THAT THE PROPERTY IS BEING LISTED, UH, TO BE SOLD AS IS.
HAS YOUR REALTOR HEARD ANY CONCERNS ABOUT THE CONDITION OF THE PROPERTY AND IF THAT'S CAUSED ANY DELAY IN SELLING? UH, NO.
JUST, UH, UH, YOU KNOW, INSTEAD OF FIXING IT, THAT'S THE WAY THEY SELL IT AS IT IS.
MR. POE, HOW LONG, HOW LONG HAS HE BEEN ON THE MARKET AGAIN? I'M SORRY? A MONTH.
ANY OTHER QUESTIONS FOR MR. POPE? THANK YOU, SIR.
IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK ON THIS MATTER? I DO NOT BELIEVE SO.
DID YOU HAVE SOMETHING ELSE, MR. YEAH, NO.
YOU KNOW, COMMISSION CAN GO WITH THE STAFF RECOMMENDATION AND YOU KNOW, BASED ON THE FACTS PRESENTED, YOU'LL ALSO HAVE THE ABILITY TO EXTEND IT MAYBE TO 90 DAYS OR SO.
BUT ALSO, YOU KNOW, KEEP IN MIND YOU, WE WOULD HAVE, WE MIGHT HAVE THE SAME ISSUE WITH THE NEW HONOR OF THE, OF THE, OF THE PROPERTY.
HOW WOULD THAT WORK IF HE WAS TO SELL THE PROPERTY AND IT WAS IN ITS CURRENT CONDITION, WHAT WOULD THE NEXT STEPS BE? SO THE NEXT STEP IS LIKE FOR US TO REACH OUT TO THE NEW OWNER AND LET THEM KNOW TO BRING THE, YOU KNOW, THE BUILDING INTO COMPLIANCE.
AND WE WOULD ISSUE A NOTICE TO THEM.
MAYBE WE'LL GIVE THEM, LET'S SAY 30 DAYS OR SO, BUT IF THEY DON'T, THEN WE WOULD HAVE TO COME BACK TO Y'ALL FOR, FOR AN ORDER.
UM, IS IT CUSTOMARY TO WORK WITH A PROPERTY OWNER IN THIS WAY TO SAY LIKE, OKAY, WELL WE CAN SUSPEND ANY ENFORCEMENT ACTIONS PENDING THE SALE OF THE PROPERTY.
IS THAT ONE OF THE WAYS THAT WE NORMALLY TRY TO MAYBE WORK WITH THE PROPERTY OWNERS? SO, YOU KNOW, YOU CAN DO THAT, YOU CAN EXTEND THIS 60 DAYS, BUT MY ONLY CONCERN IS GOING TO BE, YOU KNOW, OR IS THE NEW OWNER IS GOING TO FIX OR TAKEN CARE OF IT OR WE WOULD HAVE TO GO TO, YOU KNOW, THROUGH THE SAME CYCLE AGAIN.
BUT, YOU KNOW, I DO UNDERSTAND MAYBE THE, THE CURRENT OWNER, MAYBE THEY, THEY'LL SELL THE BUILDING WITHIN 30 DAYS, 60 DAYS, I DON'T KNOW.
AND SOMEONE NEW WILL COME IN AND BRING THE BUILDING INTO COMPLIANCE, BUT YOU KNOW, THAT WOULD BE REALLY UP TO YOUR DISCRETION.
UM, THE, THE REAL ESTATE AGENT, CAN YOU COME TO THE PODIUM PLEASE AND SPEAK TO MIKE.
REAL ESTATE AGENT HAS TOLD PEOPLE THAT THIS IS GOING ON.
IT'S NOT HIDDEN FROM 'EM SO THEY KNOW, HEY, THE, THE CITY IS ALREADY GIVEN.
IF YOU CAN STEP UP TO THE MIC JUST A BIT.
JUST THAT THE CITY IS ALREADY, YOU KNOW, INVOLVED.
I DON'T KNOW HOW TO SAY IT, BUT, UH, JUST TO REPEAT, THE REALTOR IS INFORMING PEOPLE WHO MIGHT BE INTERESTED.
ESTATE AGENT IS INFORMING PEOPLE.
THAT, THAT THIS IS ALREADY HAPPENING, THAT, YOU KNOW, IT'S NOT A, THEY KNOW THEY'RE GONNA HAVE TO FIX IT AS WELL.
SO FROM THE REAL ESTATE AGENT, THANK YOU.
I DO HAVE A POINT OF CLARIFICATION OR, OR JUST COMMENT.
UM, IF YOU DECIDE TO ADOPT ORDERS TONIGHT, THOSE ARE GOING TO ATTACH TO THE PROPERTY AND A SUBSEQUENT OWNER WOULD BE BOUND BY THOSE SAME ORDERS.
ANY OTHER QUESTIONS FOR STAFF? THANK YOU.
I'M GOING TO CLOSE THE PUBLIC HEARING ON THIS ONE AT 8:28 PM ARE THERE ANY OTHER COMMENTS OR REMARKS FROM THE COMMISSION ON THIS? DO I HAVE THIS LAST ORDER I NO.
DID YOU? YES, YOU THIS IS PET.
[02:25:01]
THE FINDINGS IN ORDER AS IT RELATES TO 1415 SOUTH HAMPTON ROAD IN ORDER OF THE CITY OF DESOTO BUILDING STANDARDS COMMISSION WITH REGARD TO THE ABATEMENT OF THE SUBSTANDARD AND DANGEROUS STRUCTURE LOCATED AT 1415 SOUTH HAMPTON ROAD, DESOTO, DALLAS COUNTY, TEXAS.ONE QUESTION, CALEB, SHOULD I ASK FOR ANY, UM, MODIFICATIONS TO THE ORDER BEFORE I READ THIS? OKAY.
UM, IN ORDER TO THE CITY OF DESOTO BUILDING STANDARDS COMMISSION WITH REGARD TO THE ABATEMENT OF THE SUBSTANDARD ENDANGERED STRUCTURE, LOCATED AT 1415 SOUTHAMPTON ROAD, DESOTO, DALLAS COUNTY, TEXAS, WHEREAS THE BUILDING STANDARDS COMMISSION FOR THE CITY OF DESOTO, TEXAS, THE COMMISSION AT A PROPERLY NOTICE MEETING CONDUCTED A PUBLIC HEARING ON NOVEMBER 13TH, 2025 PURSUANT TO ITS AUTHORITY UNDER ARTICLE 3.800 OF THE CODE OF ORDINANCES OF THE CITY OF DESOTO, TEXAS IN CHAPTERS 54 AND TWO 14 OF THE TEXAS LOCAL GOVERNMENT CODE WHEREIN THE STRUCTURE LOCATED AT 1415 SOUTH HAMPTON ROAD, DESOTO, DALLAS COUNTY, TEXAS, THE PROPERTY WAS IN AGENDA ITEM E FOUR, LEGAL DESCRIPTION BEING A 9,773 SQUARE FOOT TRACT OF LAND BEING PART OF A 1.915 ACRE TRACT OF LAND TRACT OUT OF THE ALICIA CHAMBERS SURVEY, ABSTRACT NUMBER TWO 40 DESOTO, DALLAS COUNTY, TEXAS BEING ALL THAT CERTAIN TRACT OF LAND CONVEYED BY DEED FROM KENNETH BARNES TO JIMMY EPO RECORDED AS INSTRUMENT NUMBER 2 0 0 9 0 0 3 3 4 0 8 1 REAL PROPERTY RECORDS, DALLAS COUNTY, TEXAS, AND NOW THEREFORE THE BUILDING STANDARDS COMMISSION OF THE CITY OF DESOTO, TEXAS PURSUANT TO ITS AUTHORITY UNDER CHAPTERS 54 AND TWO 14 OF THE TEXAS LOCAL GOVERNMENT CODE IN AR ARTICLE 3.800 OF THE CODE OF ORDINANCES OF THE CITY OF DESOTO, TEXAS ENTERS THE FOLLOWING FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER.
THE COMMISSION FINDS THAT NOTICE OF THE PROCEEDINGS IN THIS MATTER HAS BEEN GIVEN, MAILED, PUBLISHED, AND POSTED IN ACCORDANCE WITH LAW AND THE CITY OF DESOTO HAS BOUGHT A COMPLAINT AGAINST THE PROPERTY, INCLUDING THE BUILDING STRUCTURES AND PREMISES, WHEREAS THE PROPERTY EXISTS IN SUBSTANDARD AND DANGEROUS CONDITION AND IS AN URBAN NUISANCE POSING DANGER TO THE LIFE, HEALTH, WELFARE, AND SAFETY OF THE PUBLIC SURROUNDING THE PROPERTY IN VIOLATION OF THE CITY OF DESOTO, CODE OF ORDINANCES, THE CODE AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE AS ADOPTED BY THE CODE IPMC.
AND THE CURRENT OWNER OF THE PROPERTY IS JIMMY EPO, THE OWNER WITH THE ADDRESSES AS FOLLOWS, JIMMY E POGUE 1415 SOUTH HAMPTON ROAD, DESOTO, TEXAS 7 5 1 1 5 AND JIMMY E POGUE 7 0 8 HOLLINGSWORTH LANE, DESOTO, TEXAS 7 5 1 5 4.
AND UNCORRECTED CODE VIOLATIONS ON THE PROPERTY CONTINUE TO EXIST TODAY.
AND AFTER HEARING THE EVIDENCE, THE VIOLATION IS CURRENTLY LISTED ON THE CODE VIOLATION INVENTORY ATTACHED HERE TO AND INCORPORATED HEREIN AS EXHIBIT A ARE FOUND TO EXIST ON THE PROPERTY AND THE PROPERTY AND BUILDING STRUCTURE AND PREMISES THEREON CONSTITUTE A SAFETY HAZARD ON THE PROPERTY IN VIOLATION OF THE CODE AND THE IPMC AND THE COMMISSION FINDS THAT THE PROPERTY AND THE BUILDING STRUCTURE AND PREMISES THERE ON REMAINS IN SUBSTANDARD CONDITION AND CONSTITUTES AN URBAN NUISANCE AS OF THE DATE OF THIS HEARING AND FINDS THAT THE VIOLATION IS PREVIOUSLY IDENTIFIED AND REQUESTED FOR CORRECTION AS DESCRIBED IN THE CODE VIOLATION INVENTORY HAVE NOT BEEN PERFORMED AND COMPLETED AND REMAIN OUTSTANDING AND THE COMMISSION FINDS PORTIONS OF THE PROPERTY BUILDING STRUCTURE AND PREMISES LOCATED THERE ON CONSTITUTE A LIFE SAFETY HAZARD AND, AND A THREAT TO THE PUBLIC'S HEALTH, SAFETY AND WELFARE.
THE COMMISSION CONCLUDES THAT NOTICE WAS DULY AND PROPERLY GIVEN IN ACCORDANCE WITH THE LAW, THEREBY CONFERRING COMMISSION JURISDICTION OVER THESE PROCEEDINGS AND THE PROPERTY IS SUBSTANDARD PURSUANT TO CHAPTER THREE, BUILDING REGULATIONS OF THE CODE AND IPMC DUE TO THE VIOLATION CONDITIONS IDENTIFIED.
THE CODE VIOLATION INVENTORY AND THE PROPERTY IN ITS CURRENT CONDITION IS UNFIT FOR HUMAN USE AND HABITATION AND A HAZARD TO PUBLIC HEALTH, SAFETY AND WELFARE.
AND THE PROPERTY ALSO CONSTITUTES A PUBLIC NUISANCE VIOLATION DUE TO THE VIOLATION CONDITIONS IDENTIFIED IN THE CODE VIOLATION INVENTORY.
AND PURSUANT TO CHAPTERS 54 AND TWO 14 OF THE TEXAS LOCAL GOVERNMENT CODE IS CODIFIED IN CHAPTER THREE, BUILDING REGULATION REGULATIONS OF THE CODE.
THE COMMISSION HAS THE AUTHORITY TO ORDER THE PROPERTY BUILDING STRUCTURE AND PREMISES LOCATED THERE ON TO COME INTO COMPLIANCE WITH THE CODE.
AND PURSUANT TO CHAPTERS 54 AND TWO 14 OF THE TO TEXAS LOCAL GOVERNMENT CODE AS CODIFIED IN CHAPTER THREE OF THE CODE, THE COMMISSION HAS THE AUTHORITY TO ORDER THE PROPERTY BUILDING STRUCTURE AND PREMISES LOCATED THEREON BE DEMOLISHED.
AND PURSUANT CHAPTER TWO, CHAPTERS 54 AND TWO 14 OF THE TEXAS LOCAL GOVERNMENT CODE AS CODIFIED IN CHAPTER THREE, BUILDING REGULATIONS OF THE CODE, THE COMMISSION HAS THE AUTHORITY TO PRESERVE THE PUBLIC SAFETY AND ENFORCE BUILDING CODE VIOLATIONS IN CONNECTION WITH THE CONDITION USE OR APPEARANCE OF THE PROPERTY IN THE CITY.
[02:30:01]
AND EXCUSE ME, PURSUANT TO CHAPTER 54, THE TEXAS LOCAL GOVERNMENT CODE AS CODIFIED IN CHAPTER THREE, BUILDING REGULATIONS WITH CODE, THE COMMISSION HAS THE AUTHORITY TO ORDER AND DIRECT THE BUILDING OFFICIAL OF THE CITY OR HIS DESIGNEE TO ENFORCE AND CARRY OUT ALL LO LAWFUL ORDERS OF THE COMMISSION THREE ORDERS OF THE COMMISSION.IT IS THEREFORE ORDERED THAT THE COMPLAINT AGAINST THE PROPERTY BOUGHT BY THE BUILDING OFFICIAL OR DIRECTOR OR THEIR DESIGNEE FOR THE CITY IS IN ALL THINGS SUSTAINED.
IT IS FURTHER ORDERED THAT THE OWNER, SUBSEQUENT OWNER, OR ANY SUBSEQUENT PURCHASER OF THE PROPERTY BRING THE PROPERTY, THE BUILDING, THE STRUCTURE AND PREMISES THERE ON INTO COMPLIANCE WITH THE CODE IPMC AND OTHER CODES LISTED CODE VIOLATION IN THE CODE VIOLATION INVENTORY ATTACHED AS IN EXHIBIT A BY COMMENCING REPAIRS ON THE PROPERTY, THE BUILDING, THE STRUCTURE AND PREMISES THERE ON SO THAT THE VIOLATED, SO THAT VIOLATIONS LISTED IN THE CODE VIOLATION INVENTORY NO LONGER EXIST.
THE OWNER, SUBSEQUENT OWNER, OR ANY SUBSEQUENT PURCHASER OF THE PROPERTY SHALL COMPLETE THE FOLLOWING TO DEMONSTRATE COMPLIANCE WITH THIS ORDER.
SO WE HAVE THREE 10 CALENDAR WITHIN 10 CALENDAR DAYS OF THIS ORDER TO SUBMIT A REHABILITATION AND COMPLIANCE PLAN TO THE CITY BUILDING OFFICIAL OR DIRECTOR OR THEIR DESIGNEE FOR REMEDIATION OF VIOLATIONS LISTED IN THE CODE VIOLATION INVENTORY WITHIN 30 DAYS CALENDAR DAYS OF THIS ORDER, OBTAIN ALL NECESSARY PERMITS AND BEGIN WORK IN COMPLIANCE WITH THE REHABILITATION AND COMPLIANCE PLAN WITHIN 60 DAY CALENDAR DAYS OF THIS ORDER, ENSURE NO VIOLATIONS AS DESCRIBED ON THE CODE VIOLATIONS INVENTORY EXIST ON THE PROPERTY, THE BUILDING STRUCTURE AND PREMISES THEREON, AND THAT ALL WORK IN ACCORDANCE WITH THE REHABILITATION AND COMPLIANCE PLAN HAVE BEEN COMPLETED.
IT IS FURTHER ORDERED THAT THE OWNER, SUBSEQUENT OWNER, OR ANY SUBSEQUENT PURCHASER OF THE PROPERTY BRING THE PROPERTY, THE BUILDING STRUCTURE AND PREMISES THERE ON IMMEDIATELY SECURE THE PROPERTY, THE BUILDING STRUCTURE AND PREMISES THERE ON TO PREVENT UNAUTHORIZED ACCESS.
AND IF OWNER, SUBSEQUENT OWNER, OR ANY SUBSEQUENT PURCHASER OF THE PROPERTY FAILS TO COMPLY WITHIN THREE DAYS OF THIS ORDER, THE CITY MAY SECURE THE PROPERTY.
IT IS FURTHER ORDERED THAT THE OWNER, SUBSEQUENT OWNER, OR ANY SUBSEQUENT PURCHASER OF THE PROPERTY BRING THE PROPERTY, THE BUILDING, THE STRUCTURE AND PREMISES THERE ON IMMEDIATELY ENSURE ALL UTILITIES TO THE PROPERTY ARE DISCONNECTED IF DEEMED NECESSARY BY THE BUILDING OFFICIAL OR DIRECTOR OF THE CITY OR THEIR DESIGNEE.
AND THAT IN SUCH CASE, THE OWNER, SUBSEQUENT OWNER, OR ANY SUBSEQUENT PURCHASER OF THE PROPERTY FAILS TO COMPLY WITHIN THREE DAYS OF THE ORDER.
THE CITY MAY ENSURE ALL UTILITIES TO THE PROPERTY ARE DISCONNECTED.
IT IS FURTHER ORDERED THAT IN THE EVENT THE OWNER, SUBSEQUENT OWNER OR SUBSEQUENT PURCHASER OF THE, OF THE PROPERTY SHALL FAIL TO COMPLY WITH THIS ORDER IN THE ALLOTTED TIME.
THEN THE OWNER LIEN HOLDER OR OTHER INTERESTED PARTIES SHALL HAVE THE SAME OBLIGATION TO COMPLY WITH THIS ORDER WITHIN 30 DAYS THEREAFTER.
AND FAILING THAT, THE CITY SHALL BE EMPOWERED TO ABATE THE VIOLATIONS LISTED IN THE CODE VIOLATION INVENTORY AND OR BY DEMO DEMOLISHING THE STRUCTURE AT ANY TIME THEREAFTER WITHOUT FURTHER NOTICE.
AND ALL COSTS INCURRED SHALL BE CHARGED AGAINST THE PROPERTY AS A LIEN.
IT IS FURTHER ORDERED THAT SHOULD THE OWNER, SUBSEQUENT OWNER, OR ANY SUBSEQUENT PURCHASER OF THE PROPERTY VIOLATE THE TERMS OF THE, OF THIS ORDER, THE CITY MAY SEEK ADMINISTRATIVE PENALTIES IN THE AMOUNT NOT TO EXCEED A THOUSAND DOLLARS PER DAY.
IT IS FURTHER ORDERED THAT THIS ORDER SHALL BE THE FINAL DECISION OF THE COMMISSION FOR THE APPELLATE DEADLINE PROVIDED IN SECTION FIVE 4.039 OF THE TEXAS LOCAL GOVERNMENT CODE.
NO CITY OFFICIAL OR EMPLOYEES AUTHORIZED TO CHANGE ANY PROVISION OF THIS ORDER.
IT IS FURTHER ORDERED THAT A COPY OF THIS ORDER SHALL BE PROMPTLY MAILED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED TO ALL PERSONS AS REQUIRED BY LAW AND BY FIRST CLASS MAIL SHOULD THE CITY DEEM IT EFFECTIVE AT PROVIDING ADDITIONAL NOTICE.
IN ADDITION, A COPY OF THIS ORDER SHALL BE PUBLISHED ONE TIME IN THE OFFICIAL NEWSPAPER OF THE CITY WITHIN 10 CALENDAR DAYS AFTER THE MAILING OF THE COPY OF THE ORDER AND FILED IN THE OFFICE OF THE CITY SECRETARY ORDERED THIS 13TH DAY OF NOVEMBER, 2025.
ARE THERE ANY RECOMMENDED CHANGES, ADJUSTMENTS TO THE ORDER AS JUST READ? ALL RIGHT, HEARING NO ADJUSTMENTS, I'M GOING TO ASK FOR A MOTION TO APPROVE THE FINDINGS IN ORDER AS READ AND PRESENTED.
DO I HAVE A MOTION? I MOTION TO APPROVE THE ORDER AS READ.
HAVE A MOTION FROM COMMISSIONER HAWKINS.
AND A SECOND FROM COMMISSIONER DART.
ALL RIGHT, MAY A I'M NOW GOING TO TAKE A VOTE.
MAY I SEE A SHOWING OF HANDS FOR THOSE WHO, UH, ARE IN AGREEMENT? THANK YOU.
I DO BELIEVE THAT IS IT FOR THIS EVENING.
I AM, UH, GOING TO CALL FOR A MOTION TO ADJOURN.
ADJOURN OUR MEETING AT 8:38 PM
[02:35:04]
I HAVE A MOTION.AND I BELIEVE I CAN SECOND THAT.
THANK YOU ALL FOR YOUR PARTICIPATION AND YOUR PATIENCE TONIGHT.
AND THANK YOU STAFF FOR YOUR PRESENTATIONS.