Loading...
1998 02 26 CC Minutes, SpecialMINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 26, 1998 The City Council of the City of Baytown, Texas, met in special session on February 26, 1998, at 5:30 p.m., in Room 117, City Hall, 2123 Market Street, with the following in attendance: David Byford Council Member Manuel Escontrias Council Member E. Frank Hinds, Jr. Council Member Stephen DonCarlos Council Member Scott Sheley Council Member Pete C. Alfaro Mayor Bobby Rountree City Manager Ignacio Ramirez City Attorney Eileen P. Hall City Clerk Absent: Victor Almendarez Council Member The meeting was opened with a quorum present and the following business was conducted: Hold Appeal Hearing on the Urban Rehabilitation Standards Review Board Order to Demolish Structure at 810 Bob Smith Road Mayor Alfaro called the Appeal Hearing to order. He stated that the appeal was being held at the request of Nooruddin R. Khawaja, the owner of the property, that the rules of evidence would be informal, and that both parties should refrain from using irrelevant or redundant testimony. Mayor Alfaro swore in the following witnesses: Vaughn Davidson Nooruddin R. Khawaja Ali Rashad Mike Prewitt Bobby Rountree 980226 -2 Minutes of the Special Session — February 26, 1998 Mr. Vaughn Davidson spoke for Mr. Nooruddin R. Khawaja. He asked for an extension of 120 days on the demolition of the property. He said that in April 1997, a contract was let for $10,000 with Ladd Electric, in Galveston, to have this property repaired. Ladd Electric was paid $5,000 and has not been heard from since. The first hearing on this property was held on August 4, 1997. At that time there was no written order issued. The property owner boarded up the burned portion of the property, did some enclosure work, and secured the premises with new locks. In January of this year, the property owner was requested to attend a hearing. Mr. Rashad, acting as Mr. Khawaja's agent explained Mr. Khawaja was ill with the flu and could not attend. Because of Mr. Khawaja's illness, the hearing was postponed until February at which time the demolition order was issued. Mr. Khawaja is requesting an extension of 120 days in which to sell this property. The City Manager stated that the Inspections Department and the Urban Rehabilitation Standards Review Board had worked diligently with Mr. Khawaja and had given sufficient notification of any actions and granted an extension of time to resolve the issue with the contractor. He said that this was done in a reasonable manner, and the administration recommends that Council affirm the decision of the Urban Rehabilitation Board. Mayor Alfaro announced that since the opening statements had been made, each party should present witnesses. Mr. Davidson called Mr. Khawaja and suggested that they focus on the period after the first hearing at which Mr. Khawaja was present. He asked if Board told him the property was an eyesore, was not up to code, was unsafe, and needed to be secured and what his impression was when he left that meeting as to what was required in order to satisfy the City. Mr. Khawaja said that he thought that the only requirement was to made the building safe. He said that he had paid a contractor to repair the building, but the contractor did not do the work. He asked that he be given 120 days to market the property and that if it did not sell during that period, another thirty days to demolish it himself. Mr. Davidson questioned Mr. Rashad about the Galveston contractor. Mr. Rashad verified Mr. Khawaja's statement. The City Manager asked Mr. Khawaja if he knew the tax status of this property. Mr. Khawaja said that they were behind on the taxes. Mr. Davidson did not call any more witnesses. The City Manager called Mr. Mike Prewitt, Director of Inspections. 980226 -3 Minutes of the Special Session — February 26, 1998 Mr. Prewitt testified as to the chronology of the events that occurred and referred to photographs taken. He said that in November 1996 there was a fire on the property with damage estimated at $20,000, and his department notified the owners by letter to either obtain a building permit or a demolition permit. On January 28, 1997, the owners returned a copy of the referenced form stating they would repair as required to bring the building up to code. On February 17, 1997, a permit was obtained, and a letter was sent stating what needed to be done to the property. On May 1, 1997, the owner was notified that the property needed to be boarded up and secured by May 5, 1997, or the building permit would be cancelled and the property condemned. On May 2, 1997, Ms. Shirley Roulston stopped and spoke with the workers that were cleaning the interior of the building and informed them that the property should be cleaned and all debris hauled off. A large blue stock trailer was backed up to the building. On June 3, 1997, the building was not secured and no repairs were being made. June 12, 1997 a copy of the title to the property was obtained. On June 25, and July 22, 1997, a Notice of Violation was mailed to the owner and posted on the building that a public hearing was being held on July 14, and August 4, 1997, respectively. August 4, 1997, Mr. Khawaja addressed the Board, and stated that he had hired a general contractor who would do repairs. A motion was made to table this item for one month to give the owners time to comply. The Urban Board did not have another meeting until January 19, 1998. Mr. Khawaja notified Inspections that he was ill and would not be able to attend the meeting. The item was postponed until February 2, 1998. On February 2, 1998, the Board met and issued an order to demolish within thirty days. The City has had complaints from citizens in the area and the Police Department has had some reports of vandalism and reports of drug dealing on the premises. The City Manager stated that the administration had given the owners of the property sufficient notification. He said that the blue stock trailer in the photographs taken in May of 1997 is still there with the debris still in it. The building is not habitable and is a danger to the public. In closing, Mr. Davidson asked that his clients be given 120 days to market the property. The City Manager said the City is spending an inordinate amount of resources on this one facility and recommended that the City proceed with the Board's recommendations. Mayor Alfaro closed the public hearing and excused the witnesses. 980226 -4 Minutes of the Special Session — February 26, 1998 Consider Affirming, Reversing, or Modifying the Decision of the Urban Rehabilitation Standards Review Board to Demolish the Structure Located at 810 Bob Smith Road The City Manager recommended that Council affirm the decision of the Board to demolish the structure. Council Member DonCarlos moved to affirm the decision. Council Member Byford seconded the motion. Council Member Sheley asked the owners if they would pay their taxes and write a check for the demolition now and if they could fix the building in the next two weeks. Mr. Khawaja said they could pay the taxes and repair the building in the next ten days. He said he would write the check for the demolition in 120 days if he was unable to sell the property. Council Member Byford noted that if the building were sold as is, the City would still have the same problem. Council Member Hinds asked what the estimate was of the difference in the value of the property with the building and without the building. Mr. Davidson said that the property was currently listed on the tax rolls at a value of $65,000. The land at just over $15,000 and the structure, pre - damage, around $45,000 to $50,000. He said he thought the structure was worth between $15,000 and $20,000. The property is listed with a realtor for $30,000. Council Member DonCarlos asked if this property sold, would the City have to start over with the new owner? The City Manager answered yes. Council Member Escontrias asked if the real estate listing was for 120 days. Mr. Davidson replied that it was for 90 days. Council Member Sheley asked if the City had a tax lien on the property so that if the property sold, the City could collect the taxes owed. Council Member Byford asked if this tax judgement encompassed the other taxing jurisdictions. The City Manager answered yes. The City Attorney said the tax judgement was not taken into consideration in the numbers so they owe about $5,000 in taxes. Mr. Davidson said trailer. The vote follows: Ayes: Nays: The motion carried. the owners would board up all the windows and remove the Council Members Byford, Escontrias, Hinds, DonCarlos, and Sheley Mayor Alfaro None 980226 -5 Minutes of the Special Session — February 26, 1998 Adjourn As there was no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk