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551 ARBOR BROOK LANE 2024-01-30 BOARD OF ADJUSTMENT CITY OF COPPELL, TEXAS IN THE MATTER OF: 551 Arbor Brook Lane, -----Lot3A Block 6 oft N 't rtitk V lands Addition, Addition to the City of Coppell,Dallas County,Texas ORDER WHEREAS, a public hearing was held on this 14th day of December 2023,pursuant to Article 15-14 of the Code of Ordinances of the City of Coppell,Texas (hereinafter referred to as "City"),before the Building and Standards Commission of the City regarding building(s)or structure(s)on the property located at 551 Arbor Brook Lane,Lot 3A Block 6 of the North Lake Woodlands Addition,Addition to the City of Coppell,Dallas County,Texas (hereinafter referred to as the"Property")to determine whether or not the primary and/or accessory structure(s)located on said Property is/are substandard and does not comply with the local residential building code and permit requirements; and WHEREAS,the records of the office of the county clerk indicate that Vicente and Valentina Benitez is the record owner of the property; and WHEREAS,notice of 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. Moreover, the City having posted a copy of the notice of said public hearing on the building structures situated on the Property or as close to the front door as practicable,in accordance with Article 15-14 of the Code of Ordinances of the City; and,the City has published notice of said public hearing at least ten(10) days prior to the date of the public hearing,in accordance with Article 15-14 of the Code of Ordinances of the City.Additionally,the City filed a notice of this public hearing in the Dallas County Official Public Records of Real Property consistent with Article 15- 14 of the Code of Ordinance;the Building and Standards Commission of the City conducted a public hearing on December 14,2023,in accordance with the applicable ordinance and state law; City's Building Official presented evidence that the structure located on the property,based on a preponderance of the evidence,is in violation of Article 15-14 of the Code of Ordinances of the City of Coppell,Texas as substandard structure(s) as follows: 1. An incomplete structure was left vacant and abandoned,thus causing a blight problem for the neighborhood. (108.1.5(7), 301.3) 2. Structure is an urban nuisance(302.12) Coppell BOA Order 551 Arbor Brook Lone Page I 1 3. Structure is unsafe because the raw construction material for the exterior surfaces, such as the walls,roof, and siding,was exposed to the elements for an extended period. (304.1.1, 304.2) 4. The structural members and roof deteriorated from exposure to the elements and were not in good repair. (304.4, 304.7) - -REA-S,-the-Builling-and-Standards--C�issivrrhereby-finds-and-determines--that-the -w- _ primary and/or accessory structure(s)located on the Property is/are substandard structure(s), and is/are in violation of the minimum standards as provided for in Article 15-14 of the Code of Ordinances of the City of Coppell, and that the defects or conditions exist to the extent that life, health,property or safety of the public are endangered based on the following findings: The building located on the Property is in violation of the minimum standards of Article 15- 14 of the Code of Ordinances of the City of Coppell,Texas. The structure located on the Property is/are dilapidated, substandard,or unfit for human habitation and hazard to the public health, safety,and welfare. The structure located on the Property or use thereof is in violation of Article 15-14 of the Code of Ordinances of the City of Coppell,Texas,herein that there exist conditions caused by accumulations of refuse or other matter that creates breeding and living places for insects and rodents.The conditions in Article 15-14 of the Code of Ordinances of the City of Coppell,Texas; and WHEREAS,the Board finds that the building(s)is/are infeasible of repair and there is no probability that the building(s)can be repaired within a reasonable period of time. IT IS THEREFORE ORDERED that the Building and Standards Commission hereby finds and determines that the structure located on the Property is a substandard structure, and is in violation of the minimum standards as provided for in Article 15-14 of the Code of Ordinances of the City of Coppell,Texas,the following order: Declares the building located on the property to be a substandard building; and, orders the owner,lienholder,or mortgagee of the building located on the property to remove any construction materials debris and demolish the building on or before March 14,2024; and orders to obtain a permit, if required, and all necessary to remedy, alleviate,or remove any substandard building found to exist on the Property; and orders and authorizes any peace officer of the State of Texas,including the police chief, sheriff,or constable,to enforce and carry out the lawful order or directives of the Building and Standards Commission,if necessary; and Orders the owner(s)of the Property,pay to the city the amount of civil penalties found to be owed in the amount of$100.00 per day for each day a property owner is noncompliant with this Order until the building and structure is removed. Repair,Remove or Demolish Building—More than 90 Days.All structures located on the property must be demolished and removed from the Property consistent with this Order; and shall be completed on or before March 14,2024. Coppell BOA Order 551 Arbor Brook Lane Page I2 IT IS FURTHER ORDERED THAT: (a) The City Secretary will within ten(10) days after the execution of this order: (1) File a copy of this order in the City Secretary's Office; and (2) Publish in a newspaper of general circulation in the City a notice containing: a. the street address or legal description of the Property; b. the date of this public hearing; e. a a-brief-st tement-indieating the-results of this'-order;-and _ d. instructions stating where a complete copy of this order may be obtained. (b) The City Secretary to promptly mail by certified mail,return receipt requested, or personally deliver a copy of this order to the owner of the building and to any lienholder or mortgagee of the building.The City shall use its best efforts to determine the identity and address of any owner, lienholder,or mortgagee of the building. (c) Show Cause hearing is hereby set for April 4,2024 at 6:30pm at 255 Parkway Blvd, Coppell,Texas,to determine if the recorded owner complied with this Ordered action within the allotted time as provided herein,after a diligent effort to discover each mortgagee and lienholder having an interest in the building or in the Property on which the building is located,the City shall personally deliver or send by certified mail,return receipt requested, or deliver by United States Postal Service using signature confirmation service,to each identified mortgagee and lienholder a notice containing the following: (1) An identification of the building and the Property on which it is located(does not have to be a legal description); (2) A description of the violation that is present at the building located on the Property; and (3) A statement that the city will vacate,secure,remove, or demolish the building or relocate any occupants of the building if the ordered action is not taken within reasonable time. The owner, lienholder, or mortgagee of the Property is hereby required to abate the substandard structures as provided in this Order. If the owner, lienholder, or mortgagee fails to abate the substandard structure within the time specified,the City is authorized to enter the Property and abate by demolishing and removing the structure and abate such nuisances, and the city may assess the reasonable cost and file a lien against the assess liens against the Property to recover such cost in accordance with state law. IT IS FURTHER ORDERED that a copy of this Order, shall be filed in the Office of the records of the Building Standard and Property Records maintained and administered by the City Secretary of the City of Coppell,Texas,and may be filed in the Property Records of the City and certified and filed in the Deed records of Dallas County,Texas Coppell BOA Order 551 Arbor Brook Lone Page 13 All relief not expressly granted herein is DENIED. . r ENTERED this , day of 4C1,04 of , 2024. . Mk e— AlAkirS75r\ __ _______.__ • ofAdjustment hairperson •� OF CO ''• �� A rr Filed the z say of Q�01/'% 'OAr ,2024. '\`` •G\�• •F` By: .i City of Coppell, Te is •••.. ..••••'' rr////,/ X AS ,,,\`'‘ '/IllIII Coppell BOA Order 551 Arbor Brook Lane Page 14