2017.08.29 BOA Order - Repair Substandard Building - 1450 Cedar Ridge02:07,6PM OD 15
ORDER OF THE CONSTRUCTION BOARD OF APPEALS FOR THE TOWN OF
PROSPER. TEXAS. ORDERING THE REPAIR OF A SUBSTANDARD BUILDING
TO: DEBBIE P. KHY, OWNER
DATE: AUGUST 29, 2017
WHEREAS, a public hearing was held on Tuesday, August 29, 2017, before the
Construction Board of Appeals ("the Board") for the Town of Prosper, Texas, regarding
the single-family residential building ("Building") on the property located at 1450 Cedar
Ridge Drive in Prosper, Texas; and
WHEREAS, the records of Collin County indicate that Debbie P. Khy is the
record owner of the property; and
WHEREAS, notice of the public hearing was mailed to the property owner, to
mortgagees, and to lien holders of record, if any, at least ten (10) days prior to the date
of the hearing; and
WHEREAS, the Board finds that the defects or conditions set forth in the Building
Inspection Division Report, attached hereto as Exhibit A and incorporated herein for all
purposes, are present in the Building; and
WHEREAS, the Board finds from evidence presented at the public hearing that
the Building is substandard and in violation of the minimum standards set forth in the
building and construction codes of the Town of Prosper, Texas, and that the defects or
conditions exist to the extent that the life, health, property and safety of the public are
endangered; and
WHEREAS, the Board further finds that (1) the Building is feasible of repair; (2)
the Owner has presented a plan of repair and schedule of work to be completed; and
(3) there is a probability that the Building will be repaired within a reasonable period of
time, and that M days is a reasonable period of time to complete the needed repairs
taking into account the Owner's interests and the interests of public safety; and
WHEREAS, the Board further finds that if the Building is not repaired within said
time period, that there is no reasonable probability that the Building will be repaired
within a reasonable period of time if additional time is given.
NOW, THEREFORE, THE CONSTRUCTION BOARD OF APPEALS FOR THE
TOWN OF PROSPER, TEXAS, HEREBY ORDERS THAT:
1. Debbie P. Khy, Owner of the property located at 1450 Cedar Ridge Drive
in Prosper, Texas 75078, is given 3D days to repair the Building on the property to a
standard in compliance with the building and construction codes of the Town of Prosper,
Texas. In the alternative the Owner may demolish or remove the Building.
2. The work to repair, demolish, or remove the Building must be completed
within5Ddays from the Owner's receipt of this Order.
3. If the work to repair, demolish, or remove the Building is not completed
within the period of time referenced hereinabove, the Town of Prosper shall have the
discretionary authority to repair and/or demolish the Building in accordance with Texas
state law and charge all expenses incurred by the Town to the Owner. If the Owner
does not reimburse the Town for its reasonable expenses, the Town will place a lien
upon the property for the amount owed. The costs, together with interest accruing at
10% per annum, will be assessed as a charge against the land and will be a personal
obligation of the Owner.
PASSED AND APPROVED THIS 29TH DAY OF AUGUST, 2017.
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ATTEST:
Board Secretary, FoLpKe (q CIOLC K
THE STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared George
Dupont, Board Chair of the Construction Board of Appeals, for and on behalf of the
Town of Prosper, Texas, a Texas home -rule municipality; he acknowledged to me he is
the duly authorized representative of the Town of Prosper, Texas, and that he executed
said instrument for the purposes and consideration therein expressed and in the capacity
therein stated.
Given under my hand and seal of office this 29th day of August, 2017.
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Notary Pu is in aor the State f Texas
D. lam My Commi and sion Expires: May 4, 019
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EXHIBIT A
Building Inspection Division
TOWN o F 409 E First Street, Prosper, Texas 75078
PITSPER Phone: 972-346-3502
August 16, 2016
1450 Cedar Ridge
Prosper, TX 75078
Exterior Inspection:
■ Gas Service: No
• Electrical Service: No
• Water Service: No
■ Roof is missing on the left side of the home.
• Front door is secured from the inside. All other doors and windows are in place and operational.
Interior Inspection:
Garage-
0 Unable to inspect due to the large amount of furniture being stored in this area.
Foyer:
• Holes are present in the ceiling and walls.
• Duct work not properly terminated.
• Electrical in ceiling not properly terminated.
Study:
• The exterior wall appears to have extensive water damage.
• Holes are present in the ceiling and walls.
• Duct work not properly terminated.
Bedroom 2:
■ The exterior wall appears to have extensive water damage.
• Holes are present in the ceiling.
• Duct work not properly terminated.
• Electrical in ceiling not properly terminated.
• Damaged water line in ceiling.
Bedroom 3:
• Walls appear to have water damage.
• Ceiling joist not full bearing.
• Exhaust duct are not properly connected.
■ Holes are present in the ceiling.
Master Bedroom:
EXHIBIT A
• Walls appear to have water damage.
Hall bath/Utility Room:
• The exterior wall appears to have extensive water damage.
• Holes are present in the ceiling.
■ Duct work not properly terminated.
• Electrical in ceiling not properly terminated.
Dining Area:
• Holes are present in the ceiling.
• Duct work not properly terminated.
• Walls appear to have water damage-
Kitchen/Breakfast area:
• Walls appear to have water damage.
Family Room:
• Walls appear to have water damage.
Attic:
• Replace all fire damaged roofing members.
• Newly added floating beam needs to be properly braced and terminate on load bearing points.
• Properly re -deck and re -roof the damaged area after structural elements have been repaired.
• Properly connect and support rafter splices.
• There was no attic insulation present at the time of this inspection.
• Electrical for mechanical unit is damaged and not properly terminated.
• Exhaust ducts are not connect throughout the attic.
■ A/C ducts are not connect throughout the attic and appear to have water damage.
A Residential Remodel permit is required and all contractors are to be registered with the Town.
All repairs are required to be in accordance to the 2012 International Residential Code.
Mold remediation shall be incompliance with the Texas Department of State Health Services rules and
regulations.
All walls with insulation should have the sheetrock fully removed and the water -damaged insulation replaced-
Repair/replace all damaged plumbing, mechanical, electrical and building components.
Filed and Recorded
Official Public Records
Stacey Kemp, County Clerk
Collin County, TEXAS
09/06/2017 02:07:26 PM
$42.00 DFOSTER
20170906001198790