NOTICE OF REGULAR MEETING AGENDA PROPERTY STANDARDS AND APPEALS BOARD MUNICIPAL CENTER CITY COUNCIL CHAMBERS 211 N. HENRY STREET, LANCASTER, TEXAS Thursday, June 14, 2018-6:30 PM CALL TO ORDER ACTION: 1. Discuss and consider an appeal from Amaz Property Management USA, for the property located at 1508 Dewberry Blvd., involving inspections and notices of violations of the 2015 International Property Maintenance Code. 2. Discuss and consider an appeal from John Hanan, for the property located at 121 Historic Town Square, involving an order issued by the Chief Building Official for violation of building and electrical codes. ADJOURNMENT ACCESSIBILITY STATEMENT: Meetings of the Lancaster Boards and Commissions are held in municipal facilities are wheelchair-accessible. For sign interpretive services, call the City Secretary s office, 972-218-1311, or TDD 1-800-735-2989, at least 72 hours prior to the meeting. Reasonable accommodation will be made to assist your needs. PURSUANT TO SECTION 30.06 PENAL CODE (TRESPASS BY HOLDER WITH A CONCEALED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED HANDGUN. CONFORME A LA SECCION 30.06 DEL CODIGO PENAL (TRASPASAR PORTANDO ARMAS DE FUEGO CON LICENCIA) PERSONAS CON LICENCIA BAJO DEL SUB-CAPITULO 411, CODIGO DEL GOBIERNO (LEY DE PORTAR ARMAS), NO DEBEN ENTRAR A ESTA PROPIEDAD PORTANDO UN ARMA DE FUEGO OCULTADA. PURSUANT TO SECTION 30.07 PENAL CODE (TRESPASS BY HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY. CONFORME A LA SECCION 30.07 DEL CODIGO PENAL (TRASPASAR PORTANDO ARMAS DE FUEGO AL AIRE LIBRE CON LICENCIA) PERSONAS CON LICENCIA BAJO DEL SUB-CAPITULO H, CAPITULO 411, CODIGO DE GOBIERNO (LEY DE PORTAR ARMAS), NO DEBEN ENTRAR A ESTA PROPIEDAD PORTANDO UN ARMA DE FUEGO AL AIRE LIBRE. Certificate I hereby certify the above Notice of Meeting was posted at the Lancaster City Hall on June 11, 2018 @ 4:30 p.m. and copies thereof were provided to the Property Standards and Appeals Board members.
CITY OF LANCASTER'S BOARDS AND COMMISSIONS Property Standards and Appeals Board 1. Meeting Date: 06/14/2018 Policy Statement: This request supports the City Council 2017-2018 Policy Agenda Goal(s): Submitted by: Healthy, Safe & Engaged Community Dale Jackson, Chief Building Official Agenda Caption: Discuss and consider an appeal from Amaz Property Management USA, for the property located at 1508 Dewberry Blvd., involving inspections and notices of violations of the 2015 International Property Maintenance Code. Background: The City Council passed an ordinance in 2008 requiring apartment units to be registered and to meet certain standards. Additionally, the 2015 edition of the International Property Maintenance Code was adopted in 2017. Inspections of the apartment units at the Bel Air Apartments have been conducted over the past several years dating back to 2013. The most recent inspection was performed on November 29, 2017. During this inspection, half of the units were inspected on the property. The remaining half of the units were inspected on December 20, 2017. Those inspections noted a number of violations of the International Property Maintenance Code and the attached notices were given to Bel Air Apartments ownership. Over the past several months, we have seen improvements in the condition of the property; however, those improvements have occurred slowly. Because of this, Bel Air has failed to comply with the deadlines given for repairs to be completed. Bel Air has since challenged the timetable given to complete the repairs and improvements stating that the times given are unreasonable. They are requesting relief from the Property Standards and Appeals Board to allow for a timetable to complete the repairs that Bel Air ownership feels is more reasonable. Legal Considerations: The City Attorney has reviewed this item and will be present at the meeting to provide legal guidance. Public Information Considerations: This item is being considered at a meeting of the Property Standards and Appeals Board noticed in accordance with the Texas Open Meetings Act. Options/Alternatives: 1. Approve a new timetable giving Bel Air additional time to complete the required work. 2. Deny any extensions on the times given by City staff to compete the required repairs and improvements. Attachments Appeal Bel-Air Notice 12-4-17 Bel-Air Notice 12-13-17 Bel-Air Notice 12-28-17 Bel-Air Notice 2-19-18 Bel-Air Older Notices
AMAZ PROPERTY MANAGEMENT USA 4299 San Felipe Suite 115 Houston, TX, 77027 (713) 771-1548 amaz@amazusa.com March 1, 2018 Dale Jackson Chief Building Official 700 E. Main St. Lancaster, TX 75146 djackson@lancaster-tx.com Dear Mr. Jackson RE: Bel Air Place Apartments 1508 Dewberry Blvd., Lancaster, TX Please accept this letter as our formal appeal of the Notice of Violation dated February 19, 2018. The reason for grounds of appeal is as follows: In order to comply in a safe effective manner; the time limit provided is not a sufficient time frame for the required repairs. Bel Air Place is working to investigate and comply with the noted deficiencies. We are requesting an extension of time to be in full compliance. Please inform us of the next steps or alternatively, we can provide an action plan and timeline setting out our requests. Please note the following most recent progress/improvements: Hard-wire smoke alarms have been installed in each of these units The deficient kitchen light (above the sink) has been removed in each unit GFCIs have been installed/corrected in each unit We have applied for 19 individual Certificates of Occupancy and received initial feedback on February 27, 2018, however, we are still awaiting clarification We have contracted a structural engineer to complete a comprehensive structural inspection of the entire property (the first half of the units have been inspected and a report previously provided). He is now working on the remaining units We have recently made significant enhancements to our landscaping by planting an additional 6 trees, 22 bushes and hundreds of plants Gate doors in front of the garbage enclosure have been replaced We are continuing to work diligently towards compliance Please let us know the next steps or if you have any questions. Sincerely, Alim Premji
City of Lancaster PLANNING AND DEVELOPMENT SERVICES 211 N Henry St * Lancaster, TX 75146 * 972.218.1200 * 972.227.7220 FAX www.lancaster-tx.com December 4, 2017 NOTICE OF VIOLATION Alim Premji Amaz Property Management USA 4299 San Felipe Suite 115 Houston, Texas 77027 Re: Inspection of Bel Air Place Apartment, 1508 Dewberry Blvd, Lancaster, TX 75134 Dear Mr. Premji: The City of Lancaster conducted an inspection of the above referenced property on Wednesday, November 29, 2017. One-half of the apartment units on the property were inspected. The inspection revealed that violations exist on the property. Those violations are listed on the attached pages. You must correct all violations no later than January 3, 2018. Failure to correct all items by this date could result in the issuance of citations for violation of city code. Each day the violation(s) remain constitute a new and separate offense. If you have any questions, please contact me at: (972) 218-1240 or Brandon Carr at (972) 218-1218. Additionally, you may email me at: djackson@lancaster-tx.com or Brandon Carr at: bcarr@lancaster-tx.com. Sincerely, Dale Jackson Building Official
Bel Air Apartment Property Inspection Property Bel-Air Apartments Date 11/29/2017 Performed By Building Official Dale Jackson, Inspector Brandon Carr Department Building Inspections Building Unit Violation Description 101 Tile near transition strip 101 Leaky kitchen faucet 101 Smoke detectors 101 Exposed wires in box 102 Dishwasher inoperable/exposed wires 102 cover dishwasher 102 Defective light master closet 102 Light inoperable master closet 102 Exposed wires in hall 103 Floor trim 103 Unit unsanitary 104 Leakage master bathroom 104 Oven receptacle 1520 A 104 Ceiling damage 104 Damaged tile in bathroom 104 Repair seal around tub 104 Repair trim near tub 105 Structural damage, master window no lock 106 Input GFCI in kitchen 106 Light fixture installed improperly in kitchen 107 GFCI outlets in bathroom 108 Windows Defective 201 Resurface Tub 201 Secure floor vinyl near front door 202 Light fixture in kitchen 208 Repair damage floor vinyl 203 No Power 203 Resurface tub 202 Light fixture in kitchen 205 Bath exhaust fan 207 Replace transition strip
Bel Air Apartment Property Inspection Property Bel-Air Apartments Date 11/29/2017 Performed By Building Official Dale Jackson, Inspector Brandon Carr Department Building Inspections Building Unit Violation Description 207 Bathroom faucet fixture slow flow 1520 A 207 Defective A/C main drain 109 Kitchen exhaust blocked 113 Secure condensate drain 115 Reposition Thermostat cord 115 Toilet no flushing properly 115 Replace toilet seal 115 Resurface tub 116 Replace bedroom window sill 1518 B 209 Stove remains on when turned off 212 Resurface tub 212 Secure transition plate 213 Plumbing stopped up 215 Input strike plates 215 Oven receptacle 117 Replace transition strip near kitchen 118 Repair oven receptacle 118 Repair bathroom tile 119 Oven receptacle 119 Damaged floor vinyl near pantry 1516 C 119 Replace transition strip near kitchen 119 Resurface tub 119 Repair tile and trim 119 Ceiling damage 119 Remove cord from door entrance 120 Oven inoperable
Bel Air Apartment Property Inspection Property Bel-Air Apartments Date 11/29/2017 Performed By Building Official Dale Jackson, Inspector Brandon Carr Department Building Inspections Building Unit Violation Description 121 Sink clogged 121 Disposal inoperable 121 Light fixtures missing 122 Unsanitary 124 Repair damaged tile in dining area near transition strip 124 Bathroom sink clogged 124 Ceiling damage in hallway 124 Repair tile damage near front door 217 Input cover for stove 217 Repair cabinetry in hall 217 Toilet not operable 224 Add spacer at electrical panel box 224 Input light pull cord in master closet 224 Repair exhaust in bathroom 1516 C 218 Kitchen faucet leaks 218 Repair tile damage 218 Repair interior drywall damage 218 Replace bathroom door 220 Repair damaged tile in bathroom 220 Shower head fixture defective 220 Resurface tub 221 Kitchen sink loose 221 Bath fixtures defective 221 Secure toilet 221 Resurface tub 221 Repair bathroom tile 221 Light fixture in closet not secure 222 Toilet defective 222 Secure sink fixture
Bel Air Apartment Property Inspection Property Bel-Air Apartments Date 11/29/2017 Performed By Building Official Dale Jackson, Inspector Brandon Carr Department Building Inspections Building Unit Violation Description 129 Repair floor near fridge 130 HVAC inoperable, no electricity 130 Repair interior defective bathroom door 130 Repair interior drywall damage and ceiling damage 130 Replace bathroom exhaust fan 132 Replace door knob 132 Repair drywall damage 132 Toilet defective 132 Resurface tub 132 Repair damage ceiling in bathroom 1514 C 125 Closet fixture missing 125 Repair kitchen sink fixture 126 Oven back missing 126 Repair plumbing fixtures 127 Repair tile damage in bathroom 128 Repair floor joist(pull permit) 128 Repair closet flooring 128 Resurface tub 128 Defective toilet 128 Unit unsanitary 128 Repair drywall damage 128 Replace defective bath fixtures 131 Oven back missing 132 Repair interior drywall damage 226 Resurface tub 228 Repair plumbing fixtures in bathroom 230 Resurface tub 232 Repair plumbing fixtures in bathroom
Bel Air Apartment Property Inspection Property Bel-Air Apartments Date 11/29/2017 Performed By Building Official Dale Jackson, Inspector Brandon Carr Department Building Inspections Building 1520 A (All units) Notes Violation Description 2015 IPMC Sec.304.13 Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 2015 IPMC Sec.605.1 Installation Electrical Equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. 2015 IPMC Sec.305.1.1 Unsafe conditions (6) Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or anchored with connections not capable of supporting all nominal loads and resisting all load effects. 2015 IPMC Sec.603.1 Mechanical appliances Mechanical appliances, fire places solid fuel-burning appliances cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. 2015 IPMC Sec. 704.1 General Systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the International Fire Code. 2015 IPMC Sec 506.1 Maintenance Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. 2015 IPMC Sec. 605.2 Receptacles Every habitable space in a dwelling shall contain not less than two separate and remote receptacles outlets. Every laundry area shall contain not less than one grounding-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain not less than one receptacle. Any new bathroom receptacle outlet shall have a ground fault circuit interrupter protection. All receptacles outlets shall have the appropriate faceplate cover for the location. 2015 IBC Sec 901.3 Modifications Persons shall not remove or modify any fire protection systems installed or maintained under the provisions of this code or complete protection provided that such system meets the requirements of this code.
Bel Air Apartment Property Inspection Property Bel-Air Apartments Date 11/29/2017 Performed By Building Official Dale Jackson, Inspector Brandon Carr Department Building Inspections Building 1518 B (All units) Notes Violation Description 2015 IPMC Sec.304.13 Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 2015 IPMC Sec.605.1 Installation Electrical Equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. 2015 IPMC Sec.305.1.1 Unsafe conditions (6) Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or anchored with connections not capable of supporting all nominal loads and resisting all load effects. 2015 IPMC Sec.603.1 Mechanical appliances Mechanical appliances, fire places solid fuel-burning appliances cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. 2015 IPMC Sec. 704.1 General Systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the International Fire Code. 2015 IPMC Sec 506.1 Maintenance Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. 2015 IPMC Sec. 605.2 Receptacles Every habitable space in a dwelling shall contain not less than two separate and remote receptacles outlets. Every laundry area shall contain not less than one grounding-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain not less than one receptacle. Any new bathroom receptacle outlet shall have a ground fault circuit interrupter protection. All receptacles outlets shall have the appropriate faceplate cover for the location. 2015 IBC Sec 901.3 Modifications Persons shall not remove or modify any fire protection systems installed or maintained under the provisions of this code or complete protection provided that such system meets the requirements of this code.
Bel Air Apartment Property Inspection Property Bel-Air Apartments Date 11/29/2017 Performed By Building Official Dale Jackson, Inspector Brandon Carr Department Building Inspections Building 1516 C (All units) Notes Violation Description 2015 IPMC Sec.304.13 Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 2015 IPMC Sec.605.1 Installation Electrical Equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. 2015 IPMC Sec.305.1.1 Unsafe conditions (6) Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or anchored with connections not capable of supporting all nominal loads and resisting all load effects. 2015 IPMC Sec.603.1 Mechanical appliances Mechanical appliances, fire places solid fuel-burning appliances cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. 2015 IPMC Sec. 704.1 General Systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the International Fire Code. 2015 IPMC Sec 506.1 Maintenance Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. 2015 IPMC Sec. 605.2 Receptacles Every habitable space in a dwelling shall contain not less than two separate and remote receptacles outlets. Every laundry area shall contain not less than one grounding-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain not less than one receptacle. Any new bathroom receptacle outlet shall have a ground fault circuit interrupter protection. All receptacles outlets shall have the appropriate faceplate cover for the location. 2015 IBC Sec 901.3 Modifications Persons shall not remove or modify any fire protection systems installed or maintained under the provisions of this code or complete protection provided that such system meets the requirements of this code.
Bel Air Apartment Property Inspection Property Bel-Air Apartments Date 11/29/2017 Performed By Building Official Dale Jackson, Inspector Brandon Carr Department Building Inspections Building 1518 D (All units) Notes: Violation Description 2015 IPMC Sec.304.13 Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 2015 IPMC Sec.605.1 Installation Electrical Equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. 2015 IPMC Sec.305.1.1 Unsafe conditions (6) Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or anchored with connections not capable of supporting all nominal loads and resisting all load effects. 2015 IPMC Sec.603.1 Mechanical appliances Mechanical appliances, fire places solid fuel-burning appliances cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. 2015 IPMC Sec. 704.1 General Systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the International Fire Code. 2015 IPMC Sec 506.1 Maintenance Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. 2015 IPMC Sec. 605.2 Receptacles Every habitable space in a dwelling shall contain not less than two separate and remote receptacles outlets. Every laundry area shall contain not less than one grounding-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain not less than one receptacle. Any new bathroom receptacle outlet shall have a ground fault circuit interrupter protection. All receptacles outlets shall have the appropriate faceplate cover for the location. 2015 IBC Sec 901.3 Modifications Persons shall not remove or modify any fire protection systems installed or maintained under the provisions of this code or complete protection provided that such system meets the requirements of this code.
City of Lancaster PLANNING AND DEVELOPMENT SERVICES 211 N Henry St * Lancaster, TX 75146 * 972.218.1200 * 972.227.7220 FAX www.lancaster-tx.com December 13, 2017 NOTICE OF VIOLATION Alim Premji Amaz Property Management USA 4299 San Felipe Suite 115 Houston, Texas 77027 Re: Inspection of Bel Air Place Apartment, 1508 Dewberry Blvd, Lancaster, TX 75134 Dear Mr. Premji: I want to take a moment to clarify the letter I sent to you dated December 4, 2017 and to respond to the email sent by your property manager, Sarah Mitchell-Wilson, on December 8, 2017. Over the past few years, the City of Lancaster has worked with the owners of Bel Air Apartments to attempt to bring the property into compliance with City regulations. Unfortunately, personnel changes within the City have not allowed for follow through of inspections in order to verify code violations have been corrected. Last year, the City of Lancaster hired an inspector that was dedicated to rental properties. Apartments, being rental properties, were assigned to him. A list of violations was provided to you along with dates that those violations must be abated were provided. Some of those violations were abated and some have not been completed to this date. Another issue is the status of the Certificates of Occupancy for the apartment units. Two years ago, Steve Gilbert, the Lancaster Building Official at that time, revoked the Certificates of Occupancy for all buildings at the Bel Air Place Apartments. In early 2017, you were issued two Certificates of Occupancy. However, those certificates were issued in such a way that it was not clear if the entire building was covered by the certificate or if it only applied to one particular apartment unit. To clarify where we stand, as of today, the only valid Certificates of Occupancy for Bel-Air Apartments is for addresses 1518 and 1520 Dewberry. Because of this, no other building should be occupied. The inspection that was conducted on November 29, 2017 revealed a number of issues that applied to all buildings. Those issues included: 1. The building was initially constructed and equipped with hard-wired smoke detectors with battery back-ups. At some point, these smoke detectors were removed and replaced with battery powered smoke detectors. Doing so violated the building code. All units are required to be equipped with hard-wired smoke detectors with battery backups no later than January 3, 2018.
Mr. Alim Premji Amaz Property Management Page 2 2. The GFCI protected receptacles have been removed or are not functioning properly in the wet areas of the kitchen counters, bathrooms and utility rooms. All such receptacles must be functioning properly with GFCI protection no later than January 3, 2018. 3. Many of the units exhibited structural issues. This included flooring within the units as well as exterior stairs and landings. You indicated that you would employ the services of a structural engineer to evaluate these issues and certify that each building was structurally sound. This issue must be completed no later than January 15, 2018. All other violations listed for each unit must also be corrected no later than January 3, 2018. In response to the email written by Sarah Mitchell-Wilson, I cannot give you a blanket extension given the long history on non-compliance with city regulations. Please be aware that any occupied unit that does not receive a Certificate of Occupancy by January 3, 2018, will constitute a violation of Lancaster City Code. Such a violation is punishable by fine not to exceed $2,000.00 per offense. Each day the unit is occupied without a Certificate of Occupancy will constitute a new and separate offense. If you have any questions, please contact me at: (972) 218-1240 or Brandon Carr at (972) 218-1218. Additionally, you may email me at: djackson@lancaster-tx.com or Brandon Carr at: bcarr@lancaster-tx.com. Sincerely, Dale Jackson Building Official
NOTICE OF VIOLATION Building Inspections Division Date: February 19, 2018 Alim Premji Amaz Property Management USA 4299 San Felipe Suite 115 Houston, Texas 77027 Re: Inspection of Bel Air Place Apartment, 1508 Dewberry Blvd, Lancaster, TX 75134 Dear Mr. Premji: On February 7, 2018, a follow-up inspection was conducted on the above referenced property. The purpose of this inspection was to identify if violations had been corrected from previous inspections conducted on November 29, 2017 and December 20, 2017. As a part of this inspection, any new violations were also identified. The attached list of violations must be corrected no later than March 4, 2018. Failure to correct all listed violations by this date will result in the issuance of citations to you. You have the right to appeal the findings contained in this Notice of Violation to the Lancaster Property Standards Appeal Board. Appeal must be made no later than 5:00 PM on March 1, 2018. Please contact Kelley Frazier, Development Coordinator, if you wish to appeal this notice. Ms. Frazier s contact information is: Kelley Frazier Development Coordinator 211 N. Henry St. Lancaster, TX 75134 (972) 218-1315 kfrazier@lancaster-tx.com If you have any questions regarding any of the listed violations, please feel free to contact me. My contact information is listed below. P.O. Box 940 Lancaster Texas 75146 972.218.1200 www.lancaster-tx.com
Mr. Alim Premji February 19, 2018 Page 2 Sincerely, Dale Jackson Chief Building Official (972) 218-1240 djackson@lancaster-tx.com cc. Brandon Carr, Building Inspector Kelley, Frazier, Developmet Coordinator
Property Bel-Air Apartments 1508 Dewberry Buildings 1502 J 1510 F 1512 E 1504 H 1506 G Building Inspections Division Date: 02/13/2018 2015 (IPMC) International Property Maintenance Code Evidence Violation Section list Sec. 304.10 Stairways, deck, porches and balconies Every exterior stairway, deck, porch and balcony and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. International Fire Code. (Replace dilapidated decking, and anchor the stair & rails. Sec. 605.1 Installation Electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. (Ensure ovens, dishwashers, mechanical ventilation, vent-a-hoods, and electrical panel boxes are installed to manufactures instructions and functions as intended). Sec.304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. (Ensure all windows & doors are installed to manufactures instructions and functions as intended) 305.3 Interior surfaces. Interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. (Resurface tubs as needed, repair damaged drywall, repair defective doors.) 304.19 Gates. Exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates.(repair gate and lock assemblies replace damaged or missing pickets) Sec. 603.1 Mechanical appliances. Mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.(ensure mechanical appliances are installed to manufactures instructions and functions as intended. Secure exposed wires in conduit on water heater) Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. P.O. Box 940 Lancaster Texas 75146 972.218.1200 www.lancaster-tx.com
Property Bel-Air Apartments 1508 Dewberry Buildings 1502 J 1510 F 1512 E 1504 H 1506 G Building Inspections Division Date: 02/13/2018 2015 (IPMC) International Property Maintenance Code & Evidence Adopted Codes Sec. 605.2 Receptacles. Every habitable space in a dwelling shall contain not less than two separate and remote receptacle outlets. Every laundry area shall contain not less than one grounding-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain not less than one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the location. (Some GFCI receptacles were removed from installed location, inoperable, not installed to manufactures instruction and had obstructed paths due to paint blocking openings. No power to verify potential electrical hazards at vacant units.) 309.1 Infestation. Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent re-infestation. 2015 IBC Sec 901.3 Modifications Persons shall not remove or modify any fire protection systems installed or maintained under the provisions of this code or complete protection provided that such system meets the requirements of this code. (The smoke detectors were originally hard wired with a battery backup as was required by the Building Code at the time the apartments were constructed. At some point, someone removed the hard-wired smoke detectors and replaced with battery smoke detectors. The proper smoke detectors must be installed that comply with the building code. This requires hard-wired smoke detectors with a battery backup.) 2015 IPMC Sec.603.1 Mechanical appliances Mechanical appliances, fire places solid fuel-burning appliances cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. (Ensure exposed wires are installed in some form of conduit box. The HVAC units were shown to have missing covers exposing the wires.) 2015 International Existing Building Code Section 406.2 Replacement Glass The Installation or replacement of glass shall be as required for new installation. 2015International Energy Conservation Code R503.1.1.1 Replacement fenestration Where some or all of an existing building or structure is replaced with new fenestration product, including sash and glazing, the replacement fenestration unit shall meet the applicable requirements for U-factor and SHGC.(Replace altered windows) P.O. Box 940 Lancaster Texas 75146 972.218.1200 www.lancaster-tx.com
Property Building Inspections Division Date: 02/13/2018 2015 (IPMC) International Property Maintenance Code Evidence UNSAFE CONDITIONS premises. For the purpose of this code, any premises that has any or all of the conditions or defects described below shall be considered dangerous: (2)The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. Bel-Air Apartments 1508 Dewberry Buildings 1502 J 1510 F 1512 E 1504 H 1506 G (4)Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value. (5) The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way. (6)The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. (7)The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. (9)A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. P.O. Box 940 Lancaster Texas 75146 972.218.1200 www.lancaster-tx.com
Building Inspections Division Date: 02/13/2018 304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: (6) Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects; (9) Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects; (Replace dilapidated decking, ensure rails are properly anchored & Posts supports) Bel-Air Apartments 1508 Dewberry Buildings 1502 J 1510 F 1512 E 1504 H 1506 G (12)Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting load effects. (Replace dilapidated decking, ensure rails are properly anchored & Posts supports) Sec. 306.1.1 Unsafe conditions Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: (2) Concrete that has been subjected to any of the following conditions: 2.1. Deterioration; 2.2. Ultimate deformation; 2.3. Fractures; 2.4. Fissures; 2.5. Spalling; 2.6. Exposed reinforcement; or 2.7. Detached, dislodged or failing connections. (6) Wood that has been subjected to any of the following conditions: 6.1. Ultimate deformation; 6.3. Damage from insects, rodents and other vermin; 6.5. Significant splits and checks; 6.6. Horizontal shear cracks; 6.7. Vertical shear cracks; 6.8. Inadequate support; 6.9. Detached, dislodged or failing connections; or 6.10. Excessive cutting and notching. P.O. Box 940 Lancaster Texas 75146 972.218.1200 www.lancaster-tx.com
Building BEL-AIR APARTMENT BUILDING 1512 E Unit Violation Description 140 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate system (Please reference to VIOLATION SECTION and UNSAFE CONDITION Lists) 233 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate system (Please reference to VIOLATION SECTION and UNSAFE CONDITION Lists) 234 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate system (Please reference to VIOLATION SECTION and UNSAFE CONDITION Lists) 235 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate system (Please reference to VIOLATION SECTION and UNSAFE CONDITION Lists) 236 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate system (Please reference to VIOLATION SECTION and UNSAFE CONDITION Lists) 237 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate system (Please reference to VIOLATION SECTION and UNSAFE CONDITION Lists) 238 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate system (Please reference to VIOLATION SECTION and UNSAFE CONDITION Lists) 239 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate system (Please reference to VIOLATION SECTION and UNSAFE CONDITION Lists) 240 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate system (Please reference to VIOLATION SECTION and UNSAFE CONDITION Lists) Building Inspections Division Date: 02/13/2018 2015 (IPMC) International Property Maintenance Code P.O. Box 940 Lancaster Texas 75146 972.218.1200 www.lancaster-tx.com
Building Inspections Division Date: 02/13/2018 Building Unit Violation Description BEL-AIR APARTMENT BUILDING 1512 E 133 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate system 134 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate system 135 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate system 136 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate system 137 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate system 138 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate system 139 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate system 2015 (IPMC) International Property Maintenance Code 301.3 Vacant structures 301.3 Vacant structures 301.3 Vacant structures 301.3 Vacant structures 301.3 Vacant structures 301.3 Vacant structures 301.3 Vacant structures P.O. Box 940 Lancaster Texas 75146 972.218.1200 www.lancaster-tx.com
Building Inspections Division Date: 02/13/2018 Building Unit Violation Description BEL-AIR APARTMENT BUILDING 1510 F 141 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 142 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 143 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 144 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 145 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 146 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 163 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 164 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 2015 (IPMC) International Property Maintenance Code P.O. Box 940 Lancaster Texas 75146 972.218.1200 www.lancaster-tx.com
Building Inspections Division Date: 02/13/2018 Building Unit Violation Description 2015 (IPMC) International Property Maintenance Code BEL-AIR APARTMENT BUILDING 1510 F 165 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system (Please reference to VIOLATION SECTION and UNSAFE 166 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system (Please reference to VIOLATION SECTION and UNSAFE 263 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system (Please reference to VIOLATION SECTION and UNSAFE 264 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system (Please reference to VIOLATION SECTION and UNSAFE 265 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system (Please reference to VIOLATION SECTION and UNSAFE 266 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system (Please reference to VIOLATION SECTION and UNSAFE P.O. Box 940 Lancaster Texas 75146 972.218.1200 www.lancaster-tx.com
Building Unit Violation Description BEL-AIR APARTMENT BUILDING 1502 J 155 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 156 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 157 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 158 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 159 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 160 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 161 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 162 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate Building Inspections Division Date: 02/13/2018 2015 (IPMC) International Property Maintenance Code P.O. Box 940 Lancaster Texas 75146 972.218.1200 www.lancaster-tx.com
Building Unit Violation Description BEL-AIR APARTMENT BUILDING 1502 J 255 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 256 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 257 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 258 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 259 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 260 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 261 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 262 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate Building Inspections Division Date: 02/13/2018 2015 (IPMC) International Property Maintenance Code P.O. Box 940 Lancaster Texas 75146 972.218.1200 www.lancaster-tx.com
Building BEL-AIR APARTMENT BUILDING 1506 G Unit Violation Description 147 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 148 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 149 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 150 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 247 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 248 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 249 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 250 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate Building Inspections Division Date: 02/13/2018 2015 (IPMC) International Property Maintenance Code 301.3 Vacant structures 301.3 Vacant structures 301.3 Vacant structures 301.3 Vacant structures 301.3 Vacant structures 301.3 Vacant structures 301.3 Vacant structures 301.3 Vacant structures P.O. Box 940 Lancaster Texas 75146 972.218.1200 www.lancaster-tx.com
Building Unit Violation Description Building Inspections Division Date: 02/13/2018 2015 (IPMC) International Property Maintenance Code BEL-AIR APARTMENT BUILDING 1504 H 151 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 152 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 153 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 154 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 251 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 252 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 253 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 254 (1)Vacant units shall be clean, safe, secure & sanitary.(2)inadequate 301.3 Vacant structures 301.3 Vacant structures 301.3 Vacant structures 301.3 Vacant structures 301.3 Vacant structures 301.3 Vacant structures 301.3 Vacant structures 301.3 Vacant structures P.O. Box 940 Lancaster Texas 75146 972.218.1200 www.lancaster-tx.com
CITY OF LANCASTER'S BOARDS AND COMMISSIONS Property Standards and Appeals Board 2. Meeting Date: 06/14/2018 Policy Statement: This request supports the City Council 2017-2018 Policy Agenda Goal(s): Submitted by: Healthy, Safe & Engaged Community Dale Jackson, Chief Building Official Agenda Caption: Discuss and consider an appeal from John Hanan, for the property located at 121 Historic Town Square, involving an order issued by the Chief Building Official for violation of building and electrical codes. Background: Permits were issued to the property owner, John Hanan, for the installation of a grade beam and brick wall on April 5, 2017. On May 2, 2017, Interim Building Official, Larry Holmes, approved a building final for 121 Historic Town Square. Ten months later, it was brought to the City's attention that Mr. Hanan had enclosed two existing electrical meters and Oncor no longer had access to read the meters. Those electrical meters controlled the electricity of two other businesses on the square, Town Square Realty and Profile Commercial Properties Inc. Oncor sent a letter to one of these businesses stating that the meter was enclosed illegally and they would disconnect electricity if the issue was not resolved. As of this date, the issue has not been resolved. After looking into the situation, city staff determined that several building code violations existed. Those violations are listed below: 1. The construction of a wall in front of two electrical meters violates Article 110.26 (A) of the 2017 National Electrical Code which requires a minimum clearance of three feet (3 ) in front of the electrical meter. 2. The exterior walls enclosing the patio area do not meet the requirements of the energy code adopted by the City of Lancaster. 3. Electrical cords and plugs have been installed in such a way that are unsafe because they are not weather resistant. 4. A wall was constructed on the west side of the building that is less than five feet (5 ) from a property line. Another wall has been constructed on the east side of the property that is approximately five feet (5 ) from the eastern property line. Section 602.1 of the International Building Code requires exterior walls that are less than five feet (5 ) from a property line to have a fire rating of at least two (2) hours and walls that are between five feet (5 ) and ten feet (10 ) from a property line to have a fire rating of at least one (1) hour. Staff sent the attached letter to Mr. Hanan requiring the repair of the above items by May 26, 2018 or submit a plan outlining the repairs or improvements that will be made within a 90 day period no later than May 14, 2018. As of June 5, 2018, neither of these items has been done. Legal Considerations: The City Attorney has reviewed this item and will be present at the meeting to provide legal guidance. Public Information Considerations: This item is being considered at a meeting of the Property Standards and Appeals Board noticed in accordance with the Texas Open Meetings Act. Options/Alternatives: 1. Approve the appeal request submitted by John Hanan. 2. Deny the request appeal request.
Attachments Appeal Notice and Order
NOTICE OF VIOLATION AND ORDER Building Inspections Division Date: May 4, 2018 John Hanan and Andrea Hanan 1250 N Houston School Road Lancaster, TX 75146 RE: 121 Historic Town Square Block 4, Lots 3&4, Orig. Town Lancaster Lancaster, TX 75146 Dear John and Andrea Hanan: Inspection of the above-referenced real property ( the Property ) has revealed a number of violations of the City of Lancaster s Property Maintenance Code (Article 14.09 of the City s Code of Ordinances), and/or the 2015 Edition of the International Property Maintenance Code, which has been adopted by the City pursuant to Ordinance No. 2017-04-10. One or more structures located on the Property are determined to have the following conditions or defects, which renders it a dangerous premises pursuant to the International Property Maintenance Code (2015 ed.): 1. The building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. (IPMC 108.1.5(8)); (City Code of Ordinances Sec. 14.09.010(a)(1)) A. The construction of a wall in front of two electrical meters violates Article 110.26 (A) of the 2017 National Electrical Code which requires a minimum clearance of three feet (3 ) in front of the electrical meter. B. The exterior walls enclosing the patio area does not meet the requirements of the energy code adopted by the City of Lancaster. C. Electrical cords and plugs have been installed in such a way that is unsafe because they are not weather resistant. 2. The building or structure, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health. (IPMC 108.1.5.(10)); (City Code of Ordinances Sec. 14.09.010.(a)(1)). P.O. Box 940 Lancaster Texas 75146 972.218.1200 www.lancaster-tx.com