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.
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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
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551 Arbor Brook Lone
Page 13
All relief not expressly granted herein is DENIED.
. r
ENTERED this , day of 4C1,04 of , 2024.
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Coppell BOA Order
551 Arbor Brook Lane
Page 14