BOA Order (Recorded) - Demolition of Substandard Building - 2060 Dove Creek Circle 01.2022Denton County
Juh Luke
County Clerk
Instrument Number: 10906
ERecordings-RP
ORDER
Recorded On: January 21, 2022 10:16 AM
Number of Pages: 12
" Examined and Charged as Follows: "
Total Recording: $70.00
*********** THIS PAGE IS PART OF THE INSTRUMENT ***********
Any provision herein which restricts the Safe, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 10906 Simplifile
Receipt Number: 20220121000210
Recorded Date/Time: January 21, 2022 10:16 AM
User: Terri B
Station: Station 20
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STATE OF TEXAS
COUNTY OF DENTON
I hereby certify that this Instrument was FLED In the File Number sequence on the date/time
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printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas.
Juli Luke
1846
County Clerk
Denton County, TX
ORDER OF THE CONSTRUCTION BOARD OF APPEALS FOR THE TOWN OF
PROSPER, TEXAS, ORDERING THE DEMOLITION OF A SUBSTANDARD
BUILDING
TO: LEIDECKER NOLES PROPERTIES, LTD., PROPERTY OWNER
DATE: JANUARY 10, 2022
WHEREAS, a public hearing was held on Monday, January 10, 2022, before the
Construction Board of Appeals ("the Board") for the Town of Prosper, Texas, regarding a
residential building ("Building") on the property located at 2060 Dove Creek Circle in
Prosper, Texas; and
WHEREAS, the Denton County Appraisal District records indicate that Leidecker
Noles Properties, Ltd.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
Development Services Staff Report, attached hereto as Exhibit A and incorporated
herein forall purposes, are present in the Building; and
WHEREAS, Town staff and the property owner attended, participated in, and
presented evidenceand arguments to the Board duringthepublichearingon January10,
2022; and
WHEREAS, after consideration of the evidence and arguments presented during
the hearing, the Board finds 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 extent of the defects or conditions endangerthe life, health,
property and safety of the public; and
WHEREAS, the Board furtherfinds that the Building is not feasible of reasonable
repairwithin 30days of this Order; and
NOW, THEREFORE, THE CONSTRUCTION BOARD OF APPEALS FOR THE
TOWN OF PROSPER, TEXAS, HEREBY ORDERS THAT:
1. Leidecker Noles Properties, Ltd., Owner of the property located at 2060
Dove Creek Circle in Prosper, Texas, is given 30 days from the Board's decision, to
demolish and remove the Building on the property.
2. The work to demolish and remove the Building must be completed by no
later than February 9, 2020.
3. The work to demolish and remove the Building from the property must be
completed in accordance with all applicable Town ordinances and building codes and
Texas state law.
3. If the work to demolish and remove the Building is notcompleted within the
period of time referenced hereinabove, the Town of Prosper is authorized to enter the
property and demolish and remove the Building in accordance with Texas state law and
charge all expenses incurred bythe Town to the Owner. If the Ownerdoes not reimburse
the Town for its reasonable expenses within 30 days of the completion of the demolition
and remove, the Town is authorized to place a lien upon the property for the amount
owed. The costs, togetherwith interest accruing at 10% per annum, will be assessed as
a charge againstthe land and will be a personal obligation of the Owner.
PASSED AND APPROVED THIS 10TH DAY OF JANUARY, 2022.
gqk(�rd Vice -Chair
THE STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared CJ
Alexander, Board Vice -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 loth day of January, 2022.
,11i17F MICHELLE L. LEWIS SIRIANNI... .� �° ,�'�➢_: Q,j... L J:. �l I_..].;+
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. 'Notary Public, State of Texas Notary Public in and for the State of Texas
Comm. Expires 02-24-2023
�..,,, ,,,• Notary ID 126004697 My Commission Expires: I:t r
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Prosper is a place where everyone matters.
To: Construction Board of Appeals
From: Trish Eller, Code Compliance Officer
DEVELOPMENT
SERVICES
Through: Khara Dodds, Director of Development Services
Mary Branch, Heath and Code Compliance Supervisor
Brady Cudd, Building Official
Re: Construction Board of Appeals Meeting — January 10, 2022
Agenda Item:
Conduct a public hearing concerning a substandard structure located at 2060 Dove Creek Circle
in the Town of Prosper, and thereafter discuss, consider and take action regarding said
substandard structure.
Description of Agenda Item:
As detailed in Exhibit C, Timeline of Events, the Town has been working with the property owner
since 2019 regarding compliance of a structure on the subject property. The Town has given the
property owner multiple opportunities to repair the structure; however, as shown on Exhibit B, Site
Photos, recent inspections of the structure have resulted in a determination that the structure is
no longer repairable. As outlined below, the Construction Board of Appeals (CBOA) has the
authority to determine that a structure is substandard and to order demolition.
The Town has used due diligence to determine all persons or entities that possess an ownership
interest in the subject property. All such persons or entities have been noticed of the hearing in
accordance with the Town's Code of Ordinances.
Duties and Powers of the CBOA:
Per Chapter 3, Building Regulations, of the Town's Code of Ordinances, the CBOA has the
authority to determine that a structure is substandard, as defined and described herein, and that
a substandard is a danger to the public health and welfare, a public nuisance, and it violates this
article. Compliance is required with any orders issued by the CBOA relating to the repair, removal,
or demolition of the substandard structure.
Per Subsection 3.12.008 of Chapter 3 of the Code of Ordinances, the CBOA may find that a
structure is a substandard structure for any of the following reasons:
1) The building or structure has been damaged by fire, earthquake, tornado, wind, flood,
vandals or any other cause, to such an extent that the structural strength or stability thereof
is subject to partially or fully collapsing.
Page 1 of 3
2) The building or structure was constructed or maintained in violation of any provision of the
town's building codes, fire code or any other applicable ordinance or law of the town,
county, state, or federal government.
3) Any wall or other vertical structural members list, lean or buckle to such an extent that a
plumb line passing through the center of gravity falls outside of the middle one-third (1/3)
of its base.
4) The foundation or the vertical or horizontal supporting members are twenty-five (25)
percent or more damaged or deteriorated.
5) The nonsupporting coverings of walls, ceilings, roofs, or floors are fifty (50) percent or
more damaged or deteriorated.
6) The structure has improperly distributed loads upon the structural members, or they have
insufficient strength to be reasonably safe for the purpose used.
7) The structure or any part thereof has been damaged by fire, water, earthquake, wind,
tornado, vandalism, or other cause to such an extent that it has become dangerous to the
public health, safety and welfare.
8) A portion of a building or structure remains on a site when construction or demolition work
is abandoned.
9) A door, aisle, passageway, stairway, fire escape or other means of egress is not of
sufficient width or size, or is damaged, dilapidated, obstructed or otherwise unusable, or
so arranged so as not to provide safe and adequate means of egress in case of fire or
panic.
10) The structure, because of its condition, is unsafe, unsanitary, or dangerous to the health,
safety or general welfare of the town's citizens including all conditions conducive to the
harboring of rats or mice or other disease carrying animals or insects reasonably
calculated to spread disease.
11) The structure has been found to contain molds which are known to be harmful to humans,
and that remediation of such mold contamination would exceed fifty (50) percent of the
value of the structure.
12) Whenever the building or structure has been so damaged by fire, wind, tornado,
earthquake or flood, or has become so dilapidated or deteriorated as to become:
A. An attractive nuisance to children;
B. A harbor for vagrants, criminals or trespassers; or as to
C. Enable persons to resort thereto for the purpose of committing unlawful acts.
13)A portion of the building or member or appurtenance thereof (e.g. porch, chimney, signs)
is likely to fall, or to become detached or dislodged, or to collapse and thereby injure
persons or damage property.
14) The building or structure has any portion, member or appurtenance, ornamentation on the
exterior thereof which is not of sufficient strength or stability, or is not so anchored,
attached or fastened in place so as to be capable of safely resisting wind pressure, snow,
ice, or other loads.
15) The electrical system is totally or partially damaged, destroyed, removed or otherwise
made inoperable, unsafe or hazardous.
16) The plumbing system is totally or partially damaged, destroyed, removed or otherwise
made inoperable or unsanitary.
17) The mechanical system or any portion of the mechanical system is totally or partially
damaged, destroyed, removed or otherwise made inoperable or unsafe.
18) The building or structure, because of obsolescence, dilapidated condition, deterioration or
damage, is detrimental to the sale, loan or taxable values of surrounding properties or
which renders such surrounding properties uninsurable or which constitutes a blighting
influence upon the neighborhood or which constitutes an eyesore so as to deprive owners
Page 2 of 3
or occupants of neighboring property of the beneficial use and enjoyment of their premises
or which presents an appearance which is offensive to persons of ordinary sensibilities.
Based on the criteria, staff believes the subject home is a substandard structure.
Per Subsection 3.12.009 of Chapter 3 of the Code of Ordinances, "if at the public hearing evidence
is provided that a substandard structure exists, the town shall require the owner, lienholder, or
mortgagee of the building to repair, remove, or demolish the building within thirty (30) days, unless
it is proven at the hearing that the work cannot reasonably be done in thirty (30) days. If the
construction board of appeals allows more than thirty (30) days for the building to be repaired,
removed, or demolished, the construction board of appeals shall establish specific time schedules
for the work to be commenced and finished and shall require the owner, lienholder, or mortgagee
to secure the property in a reasonable manner from unauthorized entry while the work is being
performed, as determined by the building official."
Legal Obl_cgations and Review:
Notice of the Public Hearing was provided to the property owner in accordance with Subsection
3.12.009 of Chapter 3 of the Code of Ordinances.
Attached Documents:
1. Exhibit A - Location Map
2. Exhibit B — Site Photos
3. Exhibit C — Timeline of Events
Staff Recommendation:
As noted above, if the evidence supports that a substandard structure exists, the CBOA shall
require the building to be repaired, removed, or demolished within thirty (30) days, unless it is
proven at the hearing that the work cannot reasonably be done in thirty (30) days. Staff believes
the structure is substandard and that the structure cannot reasonably be repairs within thirty (30)
days. Therefore, staff recommends that the Board determine the structure located at 2060 Dove
Creek Circle is a substandard structure and order the property owner demolish the structure, in
accordance with all applicable codes, by February 9, 2022.
Proposed Motion:
I move to determine the structure located at 2060 Dove Creek Circle, Prosper, Texas is a
substandard structure and further order the property owner demolish the structure, in accordance
with all applicable codes, by February 9, 2022.
Page 3 of 3
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Exhibit C
Timeline of Events
19 aka 2060 Dove Creek Circle
1) On 1/14/2019, a notice of violation was sent to the owner to repair the roof within 30 days.
2) On 3/272019, a citation was issued to the owner for failure to repair the roof.
3) On 4/09/2019, the property owner told the Court he would repair the property within 3 months
in lieu of a fine.
4) On 8/29/2019, a second citation was issued to the owner for failure to repair the roof.
5) On 5/26/2020, court suspended indefinitely due to Covid 19.
6) On 4/09/2021, case reopened, because the owner has a citation pending in court.
7) On 5/19/2021, Town staff determined that the structure was a substandard structure and was
not reasonably repairable.
8) On 9/22/2021, took pictures of the back of the property from the adjacent property to the east
of the property.
9) On 9/23/2021, the Town proposed to demolish the substandard structure and place a lien on the
property for all Town -incurred demolition costs. The property owner rejected the Town's
proposal.
10) On 9/27/2021, decision was made to have a Construction Board of Appeals hearing. Town Staff
would recommend the structure be demolished. A notice of violations was sent to the home and
business addresses via regular and certified mail.
11) On 12/01/2021, Construction Board of Appeals notice of a hearing was sent to the home and
business address via regular and certified mail. The notice was posted on the property.
12) On 1/04/2022, Administrative Search Warrant was obtained from the county judge. A "No
Trespassing" sign was on the front fence. Pictures were taken in the back of the structure.
13) CBOA Hearing set for 1/10/2022.