[l. CALL TO ORDER]
[00:00:04]
IT IS 3:32 AND I WILL CALL OUR MEETING TO ORDER.
WE DO HAVE A QUORUM PRESENT WITH FOUR MEMBERS, AND I'D LIKE TO THANK OUR NEW MEMBER, ROLANDO, FOR JOINING US HERE TODAY. DO YOU HAVE A FULL DOCKET? ON OUR FIRST, I DO NEED TO OPEN A PUBLIC FORUM.
IF THERE'S ANYONE THAT WOULD LIKE TO SPEAK NOW, YOU'RE WELCOME TO COME UP AND ADDRESS THE BOARD FOR ANY OF YOUR ITEMS THAT WE'LL BE DISCUSSING TODAY. IF YOU'D LIKE TO, AFTER THE INITIAL DISCUSSION OF YOUR INDIVIDUAL ITEM, YOU'RE WELCOME TO AS WELL.
THERE'S NO ONE THAT WOULD LIKE TO COME UP NOW. OUR FIRST ACTION ITEM IS 1709 SOUTH U.S.
[III.1. 1709 S. US Highway 81-287 — Substandard Structure (Code Case-26-0145) The Commission to hold a public hearing, consider and take action to determine the condition of structures as prescribed by City of Decatur Code of Ordinances, Article IV Unsafe, Dangerous or Hazardous Buildings and Structures, Section 10-105 Proceedings of the Building Standards Commission, (b) Criteria for Determining Substandard Condition, of property owned by Shubh Properties LLC, located at 1709 S Highway 287, City of Decatur, Wise County, Texas also described as Lot 1 Block 2R Flusche Addition PHI. If the structure is determined to be substandard, the Commission shall take action according to the City of Decatur Code of Ordinances, Article IV Unsafe, Dangerous, or Hazardous Buildings and Structures, Section 10-105 Proceedings of the Building Standards Commission, (d) Action by the commission: Time Frames.]
HIGHWAY 81-287. AND I WOULD INVITE MR. WAYNE SMITH.YES, WE DO HAVE A QUORUM AND THE, WE ANNOUNCED THE MEETING AT 3:32.
REAL QUICK. OKAY. THESE ARE AVAILABLE IF YOU NEED ANY INFORMATION. OKAY, PERFECT. THANK YOU.
ALL RIGHT, TAKE IT AWAY, MR. SMITH. WE ARE GOING TO START WITH ACTION ITEM NUMBER ONE.
THIS CASE IS GOING TO BE PRESENTED BY OUR BUILDING INSPECTOR AND CODE ENFORCEMENT OFFICER, WES FANNING. YOU CAN CLICK IT FOR ME. ALL RIGHT. GOOD AFTERNOON, COMMISSION.
SO THIS PROPERTY IS THE LEGAL DESCRIPTION IS LOT 1, BLOCK 2R, FLUSCHE ADDITION, PHASE 1.
PROPERTY OWNERS ARE SHUBH PROPERTIES, LLC. THIS CASE NUMBER IS 26-0145.
SO THE SCOPE OF THIS ENFORCEMENT WAS A PROPERTY WIDE BUILDING WITH ELECTRICAL, PLUMBING, MECHANICAL FIRE, LIFE SAFETY, AND STRUCTURAL EXTERIOR MAINTENANCE DEFICIENCIES.
THESE ARE GOING TO BE REPRESENTED IN SOME PHOTOGRAPHS THAT WE DO HAVE.
IT'S PROPERTY WIDE. THESE PHOTOGRAPHS DO NOT REFLECT JUST ONE SPECIFIC INSTANCE.
IT IS PROPERTY WIDE. SO IF YOU SEE A PLUMBING PICTURE, CHANCES ARE THERE'S 5 OR 6 MORE VIOLATIONS THAT ARE ALONG THOSE LINES. ADDITIONAL VIOLATIONS IDENTIFIED DURING FOLLOW UP INSPECTIONS WERE ADDED TO THE CASE RECORD.
SO LET ME GIVE YOU A LITTLE BIT OF THE ENFORCEMENT HISTORY AND HOW THIS ESCALATED.
THE CITY HAS BEEN WORKING WITH SUPER 8 FOR THE BETTER PART OF TWO YEARS NOW.
ON AUGUST 4TH, WE STARTED A PROPERTY WIDE INSPECTION AND WE NOTED SEVERAL VIOLATIONS.
AUGUST 6TH, THE NOTICE OF VIOLATION WAS SERVED AUGUST 13TH, WE DID A FOLLOW UP INSPECTION AND WE DIDN'T HAVE ANY COMPLIANCE AT THAT TIME. FIRE DEPARTMENT CAME AROUND AUGUST 20TH.
DID THEIR INSPECTION. IT FAILED AS WELL. SEPTEMBER 3RD, WE RAMPED UP THE ENFORCEMENT ON THE CODE VIOLATIONS WITH COURT CITATIONS. SEPTEMBER 15TH, WE DID A RETURN INSPECTION.
ADDITIONAL VIOLATIONS WERE FOUND. IN ADDITION TO THOSE VIOLATIONS VERY FEW GAINED COMPLIANCE DURING THAT TIME PERIOD. ON OCTOBER 7TH, DEVELOPMENT SERVICES REVOKED THE CERTIFICATE OF OCCUPANCY.
SUPER 8 IS A TRANSIENT USE OCCUPANCY. SO LONG TERM RESIDENTS ARE NOT SUPPOSED TO STAY THERE.
[00:05:03]
WE FOUND OUT THAT THEY WERE ACTUALLY HAVING PEOPLE UP TO FOUR YEARS THAT HAD BEEN RESIDING THERE.AND SINCE THEN, WE BELIEVE A LOT OF THEM HAVE VACATED THE PROPERTY UNDER THEIR OWN WILL.
I BELIEVE THERE IS TWO THAT ARE SCHEDULED TO LEAVE THIS WEEK.
OKAY. SOME OF THE FOLLOWING PHOTOS ARE GOING TO BE EXAMPLES OF EXTERIOR CONDITIONS.
AND WE'RE GOING TO GET INTO MORE OF THE INTERIOR CONDITIONS AND FOR THE SAKE OF TIME AND REDUNDANCY AGAIN, THIS IS PROPERTY WIDE, NOT JUST ISOLATED TO THIS ONE PHOTO.
WE HAVE SOME EXTERIOR DAMAGE HERE DONE TO COLUMNS NEXT TO PARKING SPOTS.
WE DID AN INSPECTION ABOUT THREE HOURS AGO ON THAT PROPERTY TO FIND CERTAIN AREAS THAT HAD BECOME COMPLIANT. AND WE TOOK 42 PICTURES. I WOULD SAY WE HAVE THREE THAT ARE FIXED.
SO THAT THAT'S A, YOU KNOW, WE'RE MOVING IN THE RIGHT DIRECTION, BUT NOT FAST ENOUGH AND NOT WITH THE INTENDED RESULTS WE'RE HAVING BECAUSE IT'S EXTENSIVE. WHEN WE STARTED GOING THROUGH THE OUTSIDE, WE FOUND ANYTHING FROM MOTOR OIL TO ANTIFREEZE BEING STORED NEXT TO A CLEAN OUT DRAIN.
THEY TOOK THAT AND GOT RID OF IT APPROPRIATELY.
BOTTOM LEFT WHAT YOU'RE GOING TO SEE THERE IS A WALL WRAP HOLDING BACK INSULATION, TWO UNITS THAT THEY HAVE, AND A OPEN PANEL BOARD FOR THE ELECTRICAL THAT SERVES THAT SIDE OF THE HALL AND THE ROOMS ASSOCIATED WITH THAT.
THE BROKEN WINDOW, THEY HAVE GOT THAT FIXED. GO ON THE NEXT ONE.
YOU CAN SEE A FAN THERE WITH ELECTRICAL WORK THAT HAS KIND OF BEEN MODIFIED.
THEY'RE WORKING ON GETTING THAT CORRECTED STILL.
THE NEXT FEW PHOTOS ARE KIND OF INTERESTING. THERE'S A LOT OF IMPROVISED SOLUTIONS TO DIFFERENT TYPE OF PROBLEMS. FIRST TIME I'VE SEEN A GALVANIZED TRASH CAN USED AS A ROOF TERMINATION FOR A VENT.
WE HAVE DUCKING THAT HAS COME SEPARATED FROM ITS COUPLING.
I DON'T HAVE TO SPEAK ON THE HAZARD OF PROPER VENTILATION.
JUST TO THE RIGHT OF THAT, YOU SEE A HOSE BIB THAT HAS NO TYPE OF VACUUM BREAKER ON IT.
THIS IS IMPORTANT TO PROTECT OUR CITY'S WATER SYSTEM FROM ANY TYPE OF BACK SIPHONAGE.
ANOTHER VERY, VERY CONCERNING FIND A FIND THAT WE HAD WAS THE RAILING FOR THE SECOND STORY BALCONY.
THROUGHOUT THE PROPERTY WE FOUND RAILING THAT WAS COMPROMISED ON ITS INTEGRITY, FROM RUST TO ROT TO THE LACKING OF FASTENERS FOR THAT RAILING. ALSO IN CERTAIN AREAS THAT WE HAVE DOCUMENTED TODAY IN ALL THESE PHOTOS THAT WE DID TODAY ARE AVAILABLE FOR YOU, BUT NOT ON THE SLIDES BECAUSE LITERALLY THEY WERE TAKEN THREE HOURS AGO.
SO THERE'S BEEN NO TIME TO PUT THESE ON THE PRESENTATION FOR YOU GUYS.
THEY HAVE COME A LONG WAYS WITH TAKING CARE OF A FEW MINOR ITEMS LIKE THE OPEN PENETRATIONS ABOVE LIGHTS WITH BIRD NESTS IN THEM, LOW HANGING FRUIT COMPARED TO THE, THE ONES THAT WE'RE GOING TO DISCUSS, LIKE DOUBLE TAP TERMINALS AND SOME OF THESE BREAKERS.
SOME ARE ALLOWED TO DO THAT, OTHERS ARE NOT IN THIS SPECIFIC SITUATION.
THESE BREAKERS ARE NOT THE TYPE THAT YOU USE.
[00:10:05]
OF THEIR CO. I THINK I ALREADY SPOKE ABOUT THE TRANSIENT LODGING.NO NEW HOTEL GUESTS ARE GOING TO BE ACCEPTED AFTER THE CO WAS REVOKED.
EXISTING OCCUPANTS MUST CEASE STAYING IN THE BUILDING UNTIL THESE ARE BROUGHT UP INTO COMPLIANCE.
SO BEFORE WE REINSTATE THE NEW CO, WE NEED TO CORRECT EVERY OUTSTANDING DEVELOPMENT SERVICES AND FIRE DEPARTMENT VIOLATION, OBTAIN THE REQUIRED PERMITS AND THE REGISTERED CONTRACTORS TO DO THE REPAIR WORK.
PASS ALL REQUIRED DEVELOPMENT SERVICES AND FIRE DEPARTMENT RE-INSPECTIONS.
RESOLVE OCCUPANCY USE AND ANY NON-TRANSIENT OR EXTENDED STAY USE.
REQUIRES APPLICABLE APPROVALS BEFORE USE BEGINS.
HOWEVER THE PROGRESS HAS BEEN VERY, VERY, VERY, VERY SLOW.
AND I HOPE THEY CAN GET EVERYTHING COMPLIANT WITHIN A VERY SHORT AMOUNT OF TIME.
BUT WHAT WE'RE LOOKING FOR TODAY FROM YOU GUYS IS A RECOMMENDATION, BASICALLY A TIMELINE TO DETERMINE THAT THE DOCUMENTED CONDITIONS CONSTITUTE A SUBSTANDARD AND UNSAFE BUILDING UNDER CITY CODE REQUIRED CORRECTIONS TO CORRECT ALL VIOLATIONS, INCLUDING STRUCTURAL LIFE SAFETY, ELECTRICAL, PLUMBING, FIRE RESISTANCE AND OTHER CITED CONDITIONS.
UNDER THE REQUIRED PERMITS, COMPLIANCE DEADLINES ARE GOING TO BE AN IMPORTANT ONE.
LIMITED FIRE WATCH AND SECURITY EXCEPTIONS WILL BE PERMITTED DURING THAT TIME.
FIFTH ONE IS GOING TO BE STAFF AUTHORIZATION OF OCCUPANCY AFTER VERIFIED COMPLIANCE AND SEAL REQUIREMENTS ARE SATISFIED, THE BUILDING OFFICIAL AND FIRE MARSHAL MAY AUTHORIZE OCCUPANCY WITHOUT FURTHER COMMISSION ACTION.
THE FAILURE TO COMPLY. IF THE ORDER IS NOT SATISFIED, WE'RE GOING TO PURSUE AVAILABLE ENFORCEMENT OR ABATEMENT REMEDIES AFTER REQUIRED NOTICE PROCEDURES. ANY QUESTIONS? HAVE THEY PROVIDED YOU ANY TIMELINE ON WHEN FOR THEM ON THEIR REPAIRS? I GET A PHONE CALL OR AN EMAIL ABOUT EVERY 2 OR 3 DAYS SAYING, WE'RE DONE, WE'RE READY. WE WANT TO SUBMIT FOR A CO APPLICATION.
WE'RE READY TO GET BACK IN BUSINESS. AND WHEN MYSELF AND THE OTHER INSPECTORS SHOW UP, WE FIND MINIMAL COMPLIANCE OR MORE ITEMS FOR THEM TO ADD TO THE LIST. SO THAT'S WHERE WE'RE AT RIGHT NOW.
DO YOU DETECT A COMMUNICATION PROBLEM HERE? NOT FROM THE CITY TO THE MANAGER.
I KNOW THAT THE OPEN-DOOR POLICY THAT WE ALL KEEP IS THERE FOR THEM.
THEY HAVE MY PHONE NUMBER, WAYNE'S PHONE NUMBER, THE OTHER INSPECTOR'S PHONE NUMBER, AND WE KEEP AN OPEN LINE OF COMMUNICATION TO WHERE THEY CAN ASK US QUESTIONS ANYTIME. MATTER OF FACT, WHEN STUFF IS, YOU KNOW, BEING WORKED ON, WE'LL GO OVER THERE AND SEE IN THE FIELD EXACTLY WHAT'S GOING ON.
I DON'T BELIEVE THERE'S A COMMUNICATION LAPSE ON OUR PART.
IF THERE IS, IT'S FURTHER UP THE CHAIN THAN OUR LEVEL.
I'D LIKE TO ADD TO THAT. I DON'T BELIEVE THERE'S A COMMUNICATION ISSUE.
ANY FURTHER QUESTIONS? I THINK I'M READY TO ENTERTAIN A MOTION AND SET A TIMELINE.
[00:15:05]
I THINK 90 DAYS DOES SEEM REASONABLE GIVEN THE SITUATION AND AS LOW AS THEY'VE BEEN TO THIS POINT.IS THERE ANYONE ON THIS ISSUE THAT WOULD, OR THIS ITEM THAT WOULD LIKE TO COME UP AND ADDRESS THE BOARD? OKAY. SO REGARDING THE ACTUAL TIME FRAMES CONCERNED, WE NEED TO SET CONTRACTORS.
IS THERE ANY OTHER TIMELINE SPECIFICALLY THAT WE NEED TO ADDRESS? NOT TO MY KNOWLEDGE. UNDERSTOOD. DOES HE WANT TO SPEAK? IF YOU ARE ONLINE AND YOU'D LIKE TO SPEAK, YOU ARE WELCOME TO DO SO.
MR. COMMISSIONER, WE WOULD ASK THAT YOU DETERMINE IF THE STRUCTURE IS SUBSTANDARD.
JUST LIKE WITH THE, WITH ALL OF OUR OTHER CASES THAT WE DEAL WITH AND THEN MOVE INTO THE TIMELINES.
UNDERSTOOD. ALSO CHAIRMAN THE REPRESENTATIVES OF THE PROPERTY ARE HERE.
I JUST WANTED TO MAKE SURE YOU ARE AWARE OF THAT.
YES. AND I DON'T BELIEVE THEY WANTED TO COME UP AND SPEAK AT THE CURRENT MOMENT.
SO I THINK WE'RE OKAY. WILL THE REPRESENTATIVES LIKE TO SPEAK? THEY SAID NO. HAVING NO PUBLIC COMMENTS. I WOULD ENTERTAIN A MOTION TO FIRST DETERMINE THAT THE SUBJECT IS SUBSTANDARD.
MAKE A MOTION THAT WE. DETERMINE THE PROPER SUBSTANDARD.
SUBSTANDARD. PERFECT. A MOTION FROM DANNY. DO I HAVE A SECOND? I'LL SECOND. SECOND FROM RYAN. ALL IN FAVOR, PLEASE SAY AYE.
AYE. ANY OPPOSED? NONE. WE HAVE MOVED. MADE A MOTION AND PASSED THAT THE PROPERTY IS SUBSTANDARD.
MOVING ON TO THE TIMELINE. I THINK WHAT IS PRESENTED DOES SEEM APPROPRIATE.
GIVEN 30 DAYS TO ASSIGN CONTRACTORS AND 90 DAYS FOR FINAL COMPLETION AND INSPECTION APPROVAL.
I WOULD ENTERTAIN A MOTION IF YOU SEE FIT. I MAKE A MOTION THAT THE CONTRACTORS IDENTIFY WITHIN 30 DAYS AND FINAL INSPECTIONS WITHIN 90 DAYS. DO I HAVE A SECOND? SECOND. SECOND FROM DANNY. ALL IN FAVOR? AYE.
ANY OPPOSED? HEARING NONE THE MOTION PASSES. CHAIRMAN COULD YOU.
I COULDN'T HEAR COMMISSIONER THOMPSON VERY WELL.
COULD YOU TELL ME WHAT THAT MOTION WAS? TO CLARIFY, AND IF I'M WRONG, PLEASE CORRECT ME.
CONTRACTORS WITHIN ASSIGNED AND PERMITS AND CONTRACTORS WITHIN 30 DAYS.
AND FINAL COMPLETION AND INSPECTION WITHIN 90 DAYS.
THANK YOU. YOU'RE VERY WELCOME. MOVING ON TO AGENDA ITEM NUMBER 2.
[III.2. 302 S. Lane Street — Substandard Structure (Code Case- 3348) The Commission to hold a public hearing, consider and take action on an order of demolition on property owned by Cade Carter and Victor Martinez, located at 302 S. Lane Street, City of Decatur, Wise County, Texas also described as Block 48, Tarlton Addition. Property was formally owned by Aguilar F&F Companies LLC when determined substandard by the Building Standards Commission on June 15, 2026. The Commission ordered the structure be repaired, removed or demolished within 90 days of the order.]
THIS IS GOING TO ADDRESS 302 SOUTH LANE STREET.GOOD AFTERNOON. ITEM NUMBER 2. CASE NUMBER 3348.
SUBSTANDARD STRUCTURE AT 302 SOUTH LANE. WE'VE BEEN DEALING WITH THIS CASE FOR A LITTLE BIT NOW.
AND ACCORDING TO THE RECORD, THE WISE COUNTY APPRAISAL DISTRICT PROPERTY LOCATED AT 302 SOUTH LANE, IS SITUATED WITHIN THE CORPORATE LIMITS OF THE CITY OF DECATUR, TEXAS, NOW OWNED BY CADE CARTER AND VICTOR MARTINEZ.
THIS PROPERTY, PREVIOUSLY OWNED BY AGUILAR F&F COMPANIES LLC.
THE PROPERTY IS LEGALLY DESCRIBED AS BLOCK 48 TARLETON ADDITION.
ON SEPTEMBER THE 1ST, 2026, CADE CARTER AND VICTOR MARTINEZ PURCHASED THIS PROPERTY.
THE STRUCTURE HAD BROKEN WINDOWS, ROTTEN WOOD, REMODEL HAD BEGUN WITH NO PERMITS.
ON JUNE THE 15TH, 2000 OR 2026 BUILDING STANDARDS COMMISSION DECLARED THIS STRUCTURE TO BE SUBSTANDARD AND AGREED TO ALLOW THE APPLICANTS 90 DAYS TO EITHER REPAIR OR REMOVE OR DEMOLISH THE STRUCTURE. THE RESPONDENTS OBTAINED THE DEMO PERMIT ON JULY THE 14TH, 2026. HOWEVER, NO ACTION BEEN TAKEN. ON SEPTEMBER THE 1ST, 2026, CADE CARTER AND VICTOR MARTINEZ PURCHASED THE PROPERTY AND WAS INFORMED OF THESE, THAT THESE VIOLATIONS EXISTED AND THEY WERE INFORMED.
OUR OFFICE. THEY INFORMED OUR OFFICE THAT THEY PLAN TO DEMOLISH THE STRUCTURE.
THE CASE REMAINS AN ACTIVE CASE. ON OCTOBER THE 2ND, 2026, I TALKED TO CADE CARTER.
[00:20:07]
HE ADVISED THAT THEY WOULD HAVE THE STRUCTURE DEMOLISHED NO LATER THAN OCTOBER THE 18TH, 2026.AS OF TODAY, NO PERMITS HAVE BEEN PULLED FOR THAT DEMO AND NO ACTION HAS BEEN TAKEN ON THAT.
WE'VE ALREADY SET THE TIMELINES. I'M COMING BEFORE THE BOARD TODAY TO TAKE ACTION REGARDING OUR, THE ORDER FOR THE CITY TO DEMOLISH A SUBSTANDARD STRUCTURE.
IF THE CITY DEMOLISHED THE STRUCTURE, THE CITY WILL ASSESS.
SO WHAT WE'RE ASKING IS NOW TO GET APPROVAL FOR DEMOLISH.
AND JUST TO BE CLEAR, WE HAVE MET ALL OF THE TIMELINES TO THIS POINT IS WHAT YOU STATED.
THEY DIDN'T ANSWER OR RETURN MY CALL. OKAY. UNDERSTOOD.
THANK YOU SIR. MR. CHAIRMAN, YOU DO HAVE A BUILDING STANDARD COMMISSION STAFF RECOMMENDATIONS IN YOUR AGENDA PACKETS, AS WELL AS THE BUILDING STANDARDS COMMISSION ORDER FOR DEMOLITION. PERFECT.
BASED ON THE TESTIMONY PRESENTED, I THINK A RECOMMENDATION AND MOTION THAT THE PROPERTY IS SUBSTANDARD IS IN ORDER. I WOULD BE HAPPY TO ENTERTAIN A MOTION THAT THIS PROPERTY IS SUBSTANDARD.
AND LET ME CHECK THAT WITH WAYNE. IT HAS ALREADY BEEN DETERMINED, SO THIS IS JUST FOR DEMOLITION.
IT IS JUST FOR DEMOLITION. THANK YOU. AND WHEN YOU SAID THEY HAVE THE ORDER IN THEIR PACKET.
THEY HAVE THE ORDER OF DEMOLITION IN THEIR PACKET. YES. OKAY, TAKE A LOOK AT THAT ORDER.
I DON'T HAVE IT IN FRONT OF ME, BUT JUST HAVING RECENTLY WALKED THROUGH THIS WHOLE PROCESS ON AN APPEAL TO THE DISTRICT COURT, YOU SHOULD HAVE AN ORDER THAT'S CONSIDERED A FINAL ORDER OF THE COMMISSION, AND IT ORDERS THE CITY TO TAKE THE ACTION THAT WILL COMPLETE YOUR PRIOR ORDER, AND IT GIVES THE ORDERS, THE CITY TO BE ABLE TO PUT A LIEN AGAINST THE PROPERTY IF THE WORK IS NOT PAID FOR BY THE HOMEOWNER.
IT SAYS ORDER NUMBER 2026-10 AT THE TOP.
I THINK EVERYTHING APPEARS IN ORDER TO ME, AND IT LOOKS LIKE WE HAVE A 90 DAY TIMELINE ALREADY PROPOSED THAT THE STRUCTURE BE REPAIRED, REMOVED, OR DEMOLISHED. SO I WILL ENTERTAIN A MOTION TO DEMOLISH THE PROPERTY IF EVERYONE IS HAPPY WITH 90 DAYS.
THE 90 DAYS IS ALREADY PASSED. OKAY. THAT WAS AS OF YESTERDAY.
WE DO NOT NEED TO SET ANOTHER DATE. CORRECT. YES.
ON JUNE 15TH, 2026, A HEARING WAS HELD BY THE BUILDING STANDARDS COMMISSION IN ACCORDANCE WITH ARTICLE FIVE OF THE CODE OF ORDINANCES OF THE CITY OF DECATUR, TEXAS. AND CHAPTER 54 OF THE TEXAS LOCAL GOVERNMENT CODE REGARDING THE STRUCTURE LOCATED AT 302 SOUTH MAIN STREET, DECATUR, WISE COUNTY, TEXAS. ALL APPLICABLE REQUIREMENTS FOR NOTICE TO INTERESTED PERSONS, INCLUDING OWNERS, LIEN HOLDERS AND MORTGAGES WERE MET.
AT THE BUILDING, AT THE HEARING, THE BUILDING STANDARDS COMMISSION RECEIVED EVIDENCE REGARDING THE STRUCTURE AND MADE THE FOLLOWING FINDINGS AND ORDERS NUMBER ONE, THAT THE CONDITION OF THE STRUCTURE FAILS TO COMPLY WITH THE MINIMUM STANDARDS SET FORTH IN THE CITY'S CODE OF ORDINANCES, INCLUDING THE MINIMUM STANDARDS FOR BUILDING PLUMBING, ELECTRICAL AND MECHANICAL HOUSING, RESIDENTIAL PROPERTY MAINTENANCE AND FIRE CODES.
TWO THAT THE CONDITION OF DISREPAIR OF THE STRUCTURE EXISTS TO THE EXTENT THAT LIFE, HEALTH, PROPERTY OR SAFETY OF OCCUPANTS OR THE PUBLIC IS ENDANGERED.
THREE THAT THE STRUCTURE IS SUBSTANDARD STRUCTURE.
[00:25:01]
FOUR, THAT THE STRUCTURE BE REPAIRED, REMOVED OR DEMOLISHED WITHIN 90 DAYS.THE BUILDING STANDARDS COMMISSION MADE THE FOLLOWING FINDINGS.
THE STRUCTURE HAD NOT BEEN REPAIRED OR MOVED OR DEMOLISHED AS ORDERED ON JUNE 15TH, 2026.
AND THEN HERE'S THE CRUX OF THE ORDER THAT YOU WOULD APPROVE IF YOU SO APPROVE.
BUILDING AND STRUCTURE. SECTION 10-107. FAILURE TO COMPLY THAT THE ORDER TO DEMOLISH THE STRUCTURE LOCATED AT 302 SOUTH LANE, DECATUR, WISE COUNTY, TEXAS. APPROVED BY THE BUILDING STANDARDS COMMISSION ON OCTOBER 19TH, 2026 BE ENFORCED. THAT THE SUBSTANDARD STRUCTURE BE REMOVED BY THE CITY OF DECATUR, TEXAS, AND THE LANE BE PLACED ON THE PROPERTY FOR THE COST AND EXPENSES RELATED TO THE REMOVAL OF SUBSTANDARD STRUCTURE.
THIS ORDER IS ISSUED IN ACCORDANCE WITH SECTION 54.036 OF THE TEXAS LOCAL GOVERNMENT CODE, AND SHALL BE CARRIED OUT AFTER 30 DAYS OF THIS NOTIFICATION, AS REQUIRED BY SECTION 54-039 OF THE TEXAS LOCAL GOVERNMENT CODE.
IF NO APPEAL IS TAKEN IN ACCORDANCE WITH THAT SECTION.
I HOPE THAT HELPED. THANK YOU. THANK YOU SO MUCH.
TO CORRECT MYSELF FROM EARLIER 30 DAYS IS THE ENFORCEMENT PERIOD.
I THINK MY CONFUSION ON IT WAS THE NEW OWNERS AND THAT TIMELINE ISSUE, BUT.
YES, I UNDERSTAND. UNDERSTANDABLE. IS THERE ANY QUESTIONS ON THIS ITEM? NO. THERE ARE NO QUESTIONS, I WOULD ENTERTAIN A MOTION TO ORDER THE DEMOLITION OF THIS PROPERTY.
WE HAVE A MOTION FROM MR. ROLANDO. DO I HAVE A SECOND? SECOND. SECOND FROM MR. CROSS. ALL IN FAVOR? AYE.
AYE. ANY OPPOSED? HEARING NONE, THE MOTION PASSES.
THANK YOU. MOVING ON TO OUR NEXT ITEM. 3024 TIMBER TRAIL.
[Items III.3 & III.4]
MR. COMMISSIONER. THERE'S ACTUALLY TWO ACTION ITEMS THAT ARE TIED TOGETHER ON THIS, AND I'D LIKE TO PRESENT BOTH OF THEM AT THE SAME TIME. WE WILL TAKE SEPARATE ACTION ON THEM AT THE END.SO WITH THIS ACTION ITEM THREE IS RELATED TO CASE NUMBER 26-0178 AT 3024 TIMBER TRAIL RELATED TO A UNSAFE RETAINING WALL. AND THIS IS, TODAY'S PUBLIC HEARING THAT'S INVOLVED WITH THIS. AND I APOLOGIZE, BUT WE HAD NOT BEEN USING THAT OATH THAT I'D GIVEN TO YOU.
AND SO IF YOU WOULD LIKE TO DO THAT AT THIS TIME, GO AHEAD AND.
PLEASE RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'RE ABOUT TO GIVE ON THE MATTER NOW, BEFORE THE BUILDING STANDARDS COMMISSION OF THE CITY OF DECATUR, TEXAS, IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO.
THANK YOU, MR. SMITH. CASE NUMBER 26-0178. FOR 3024 TIMBER TRAIL.
IT IS IN THE CORPORATE LIMITS OF THE CITY OF DECATUR.
MISS MASON ORIGINALLY PARTICIPATED IN THE COORDINATED REPAIRS OF THE RETAINING WALLS THAT WERE.
BETWEEN THESE TWO THE SOUTH MARTIN BRANCH, OR TIMBER TRAIL AND SOUTH COLLEGE AVENUE.
IT IMPACTED EIGHT PROPERTIES ALONG THERE. YOU DID HEAR THIS CASE ON AUGUST 31ST RELATED TO A DIFFERENT PROPERTY, BUT SHE HAD ORIGINALLY COORDINATED WITH THE OTHER HOMEOWNERS TO REPAIR THE WALL AT HER PROPERTY.
A PERMIT WAS ISSUED FOR THE REPAIR OF THAT WALL ON SEPTEMBER 21ST, 2026.
[00:30:08]
ON SEPTEMBER 25TH DURING AN INSPECTION OF THE RETAINING WALL THAT WAS BEING BUILT AT THAT LOCATION AND HAS SUBSEQUENTLY BEEN COMPLETED BETWEEN THE OTHER SIX PROPERTIES THAT ARE ON THERE, WE DETERMINED THAT THE PROPERTY AT 3024 TIMBER TRAIL WAS ALSO IN VIOLATION OF THE RETAINING WALL BEING IN A SUBSTANDARD STATE, AND A NOTICE OF VIOLATION WAS SENT TO THE PROPERTY OWNER.GIVEN THAT SHE HAD AGREED TO REPAIRS AND HAD PLANNED TO HAVE THOSE REPAIRS MADE, BUT HER PROPERTY WAS THEN REMOVED FROM THAT SCOPE OF WORK, AND SHE DOES NOT HAVE ACCESS TO THE PROPERTY AT 3021 SOUTH COLLEGE IN ORDER TO DO THE REPAIRS.
YOU CAN SEE HERE THERE'S SOME THERE'S TWO PICTURES.
THERE'S THESE ARE INCLUDED IN YOUR AGENDA PACKETS.
THE FIRST PICTURE, PHOTO NUMBER TWO TAKEN ON SEPTEMBER 25TH, WAS TAKEN LOOKING BACK EAST AT THAT WALL AT A POINT OF FAILURE THAT WAS IN THERE. AND YOU CAN SEE THAT THAT WALL IS LEANING SOME.
THE PROPERTY THAT'S BEHIND THE WOODEN FENCE IS 3021 SOUTH COLLEGE, THE PROPERTY THAT'S ELEVATED AND BEHIND THE ORANGE BARRICADE FENCE UP TOP IS 3024 TIMBER TRAIL. THE PHOTO ON THE RIGHT IS AN ADDITIONAL PHOTO FROM THE PROPERTY AT 3024 TIMBER TRAIL.
WE'LL HAVE SOME PICTURES ON THAT LATER ON, BUT THIS IS DIRECTLY BEHIND THAT.
AND A GAP HAS OPENED UP BETWEEN THE RETAINING WALL AND THE RETAINED EARTH.
AND THIS IS PART OF WHAT'S CAUSING THAT MOVEMENT.
IT'S CONTINUING TO MOVE AND IS CONTINUE TO FAIL AND WILL EVENTUALLY COULD COLLAPSE FROM THIS. SO I WANT TO MOVE DIRECTLY IN TO ACTION ITEM NUMBER 4, WHICH IS CASE NUMBER 26-0154 FOR 3021 SOUTH COLLEGE. AGAIN, THESE PROPERTIES ARE VERY WELL RELATED BASED ON THE FACT THAT THEY.
THEY BACK UP TO EACH OTHER AND SHARE A RETAINING WALL AT THE PROPERTY LINE.
THE PROPERTY OWNERS HAVE REQUESTED ADDITIONAL TIME TO MAKE THAT REPAIR.
RICHARD. THE AUGUST 31ST MEETING OF THE BUILDING STANDARDS COMMISSION FOUND THAT THE WALL AND THE ASSOCIATED CONDITIONS WERE SUBSTANDARD AND UNSAFE. PROPOSED ORDERS WERE SENT, WERE ISSUED BY THE BUILDING STANDARDS COMMISSION AND SENT TO THE PROPERTY OWNERS, PLACING DEADLINES OF SEPTEMBER 30TH FOR SEALED PLANS.
OCTOBER 7TH FOR PERMITS TO BE ISSUED, AND OCTOBER 14TH FOR WORK TO BEGIN ON THE REPAIR OF THE WALL.
THOSE THREE MILESTONES WERE NOT MET AND THE HAZARDOUS CONDITION REMAINS.
ON SEPTEMBER 30TH MR. BOOKER, WHO IS THE COUNSEL FOR THE PROPERTY OWNERS, SUBMITTED A REQUEST FOR AN ADDITIONAL 30 DAYS TO BE ADDED TO EACH OF THESE MILESTONES, AND THE ONLY MILESTONE THAT REMAINS UNMET AT THIS TIME IS THE FINAL COMPLETION DATE OF NOVEMBER 30TH, 2026.
YOU CAN SEE HERE, THIS GIVES YOU A MORE OF AN IDEA OF WHAT THAT LOOKS LIKE.
[00:35:03]
TO OCTOBER 30TH. CITY PERMITS BY NOVEMBER 6TH.WORK TO BEGIN ON NOVEMBER 13TH. AND COMPLETION OF WORK BY DECEMBER 30TH.
IN THE REQUEST THAT WAS SENT TO US, THE OWNERS CITED ENGINEERING REVIEW, CHANGED ADJOINING CONDITIONS, COORDINATION AND UNRESOLVED BOUNDARY AND MAINTENANCE RESPONSIBILITY.
THESE ARE TWO OF THE PHOTOS FROM THAT AUGUST 30TH BUILDING STANDARDS CASE.
THAT THESE THESE PICTURES WERE TAKEN ON AUGUST 7TH.
THE ONE ON THE LEFT SHOWS THE CRACKING IN BETWEEN THE MORTAR AND THE STONES.
BUT THE WALL STILL HAS MOVED FROM ITS ORIGINAL LOCATION.
SO IT IS STILL IN A DANGEROUS STATE. DURING THE TIME SINCE THE AUGUST 31ST MEETING, WHEN THE BUILDING STANDARDS ORDERS WERE ISSUED, STAFF HAS IDENTIFIED A REGISTERED CONTRACTOR THAT CAN MAKE THE REPAIRS BASED ON THE PLANS THAT WERE APPROVED FOR THOSE REPAIRS. CONTRACTORS, THE CONTRACTOR HAS BUILT A TIMELINE FOR REPAIRS IF IT IS NEEDED.
HE IS PROPOSING 7 TO 10 DAYS TO MOBILIZE ONCE HE IS ENGAGED.
TWO DAYS FOR DEMO AND TWO DAYS TO BUILD THE WALL.
AND JUST AS A NOTE HERE, OCTOBER 20TH, WHICH IS TOMORROW THROUGH NOVEMBER 30TH, WHICH IS THE FINAL COMPLETION DATE THAT WAS ORDERED BY THE BUILDING STANDARDS COMMISSION IS 42 DAYS. STAFF'S RECOMMENDATION ON THIS IS TO AFFIRM THE AUGUST 31ST FINDING AND ORDER, DENY THE REQUEST FOR EXTENSION AND RETAIN THE NOVEMBER 30TH, 2026 DATE FOR COMPLETION INSPECTION AND APPROVAL.
REQUIRE THE SEALED PLANS. ALL REQUIRED PERMITS.
COORDINATED CORRECTIVE WORK AND INTERIM PROTECTION FOR BOTH THE AFFECTED PROPERTY OWNERS.
IF THE OWNER FAILS TO COMPLY BY NOVEMBER 30TH AUTHORIZE THE CITY TO ARRANGE THE MINIMUM CORRECTIVE WORK NEEDED TO ABATE THE UNSAFE CONDITION AND THEN BILL THE ACTUAL LAWFUL COSTS AND AUTHORIZED ADMINISTRATIVE CHARGES.
AT THIS TIME, I'D ENTERTAIN ANY QUESTIONS THAT YOU MAY HAVE.
I KNOW THAT SOME OF THE PROPERTY OWNERS ARE HERE.
I THINK BOTH SETS OF PROPERTY OWNERS HAVE REPRESENTATIVES HERE.
AND SO WOULD GIVE THEM AN OPPORTUNITY TO SPEAK ALSO.
ANY QUESTIONS FOR WAYNE BEFORE I INVITE THE PROPERTY OWNERS UP? IF YOU WOULD LIKE TO COME ADDRESS ANY OF YOUR ITEMS YOU'RE WELCOME TO DO SO NOW.
I WILL SWEAR YOU IN HERE BRIEFLY. PLEASE STATE YOUR FULL NAME AND YOUR ADDRESS FOR THE RECORD.
DREW ANTHONY RASHAD, 3021 SOUTH COLLEGE AVENUE, DECATUR, TEXAS.
PERFECT. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'RE ABOUT TO GIVE ON THE MATTER BEFORE THE BUILDING STANDARDS COMMISSION OF THE CITY OF DECATUR, TEXAS, IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD, I DO.
THANK YOU VERY MUCH, SIR. SO ARE YOU. WHAT IS YOUR REASONING BEHIND THE EXTENSION? I AM GIVING A STATEMENT ON BEHALF OF OUR ATTORNEY.
OUR ATTORNEY, STEVEN BOOKER CONTINUES, CONTINUES TO REPRESENT US AND REPRESENTED US AT THE FIRST HEARING ON OCTOBER 31ST, 2026, BUT IS UNABLE TO ATTEND TODAY'S HEARING.
THANK YOU FOR ALLOWING US TO ADDRESS OUR REQUEST FOR ADDITIONAL TIME.
WE ARE NOT REFUSING TO ADDRESS THE CITY'S CONCERNS.
WE NEED ADDITIONAL TIME TO DETERMINE WHAT WORK, IF ANY, IS REQUIRED ON OUR PROPERTY AND TO COORDINATE WITH THE OWNER OF THE ADJOINING PROPERTY BEHIND OURS AT 3024 TIMBER TRAIL DRIVE.
WE HAVE RETAINED DEVIN G. SMITH, A PROFESSIONAL ENGINEER AND REGISTERED PROFESSIONAL LAND SURVEYOR FROM CORLETT PROPS AND BOYD PLLC TO PERFORM A SURVEY AND ENGINEERING ANALYSIS OF THE WALL SYSTEM AFFECTING OUR PROPERTY.
[00:40:03]
THOSE OWNERS COMPLETED THEIR WALL WORK. AS A RESULT, WE WERE UNABLE TO PARTICIPATE IN THE COORDINATED CONSTRUCTION OR COMPLETE THE CITY REQUIRED WORK AS PART OF THAT PROJECT. WE NOW NEED TIME TO DETERMINE WHAT WORK REMAINS NECESSARY ON OUR PROPERTY AND HOW IT CAN BE DONE, IN COORDINATION WITH THE ADJOINING OWNER AND THE COMPLETED WALL WORK.A FORMAL WRITTEN REQUEST FOR 30 DAY EXTENSION WAS SUBMITTED ON OUR BEHALF BY MR. BOOKER TO MISS PAMELA LISTON ON WEDNESDAY, SEPTEMBER 30TH, 2026.
ON SEPTEMBER 30TH, MISS LISTON CONFIRMED RECEIPT OF THE WRITTEN REQUEST FOR 30 DAY EXTENSION AND STATED THAT SHE WOULD FORWARD THE WRITTEN REQUEST AND ATTACHED PHOTOGRAPHS TO THE BUILDING OFFICIAL. IN AN OCTOBER 1ST, 2026 EMAIL, MISS PAM LISTON ADVISED MR. BOOKER THAT THE NEIGHBORING WORK WAS PERFORMED FOLLOWING APPROVED REVIEW AND PLANS, AND THAT SHE WOULD OBTAIN THE NEW PERMIT AND PLANS FROM THE BUILDING OFFICIAL AND SEND THEM TO US. WE HAVE NOT YET RECEIVED THOSE DOCUMENTS.
MR. DEVIN SMITH NEEDS TO REVIEW THEM TO UNDERSTAND HOW THE COMPLETED WORK RELATES TO OUR PROPERTY, AND TO DETERMINE HOW ANY REMAINING WORK SHOULD CONNECT TO IT.
THAT IS ANOTHER REASON WE NEED ADDITIONAL TIME.
MR. DEVIN SMITH'S OCTOBER 19TH LETTER DISCUSSES THE WILHITE LAND SURVEYING SURVEY OF OUR PROPERTY DATED NOVEMBER 17TH, 2020. THAT SURVEY DESCRIBES THE RETAINING WALL AS ONE FOOT WIDE.
MR. SMITH ALSO REVIEWED THE DECLARATION OF COVENANTS FOR THE SOUTH MARTIN BRANCH SUBDIVISION.
HIS LETTER STATES THAT THE COVENANTS APPLY TO BOTH PROPERTIES AND THAT ITEM TWO DOT R ASSIGNS MAINTENANCE OF A RETAINING WALL ALONG THE BOUNDARY BETWEEN TWO LOTS TO THE OWNER OF THE LOT, WHOSE SOIL THE WALL RETAINS. MR. SMITH CONCLUDES THAT HIS.
THAT THIS WALL RETAINS SOIL ON THE ADJOINING PROPERTY, AND THAT UNDER THE COVENANTS.
RESPONSIBILITY FOR MAINTAINING IT RESTS WITH THE OWNER OF 3024 TIMBER TRAIL DRIVE, NOT US.
WE UNDERSTAND THE COMMISSION IS CONSIDERING THE CITY'S SAFETY CONCERNS.
THE SURVEY AND COVENANT FINDINGS, ALONG WITH THE APPROVED PLANS AND PERMIT FOR THE COMPLETED NEIGHBORING WORK, ARE RELEVANT TO DETERMINING THE WALL'S LOCATION, THE WORK REQUIRED ON OUR PROPERTY AND HOW THAT WORK SHOULD BE COORDINATED WITH THE ADJOINING OWNER. WE NEED TIME TO COMPLETE THE SURVEY AND ENGINEERING ANALYSIS AND DISCUSS THESE FINDINGS WITH THAT OWNER BEFORE THE PROPER SCOPE OF WORK CAN BE DETERMINED.
WE RESPECTFULLY ASK THE COMMISSION TO GIVE US 30 DAYS THROUGH NOVEMBER 18TH, 2026 TO COMPLETE THE SURVEY AND ENGINEERING REVIEW, OBTAIN AND REVIEW THE APPROVED PLANS AND PERMIT.
WE ALSO ASK THAT THE COMMISSION TO RESET THE PERMIT AND WORK START DEADLINES IN ITS PRIOR ORDER, AND SET A REASONABLE COMPLETION DEADLINE AFTER THE SCOPE AND SCHEDULE HAVE BEEN REVIEWED.
WE ARE ASKING FOR TIME TO DETERMINE WHAT WORK IS ACTUALLY NEEDED AND COORDINATED RESPONSIBLY.
NORMALLY I THINK WE'RE LIMITED TO THREE MINUTES.
IN THIS CASE, I WOULD DEFER TO MISS LIP. PAM.
YES, AND I WOULD SAY, CHAIR, IF YOU WANT TO ENTERTAIN THAT, YOU CAN MAKE THAT DECISION.
I THINK I WOULD BE FINE WITH THAT. OKAY. AND GO AHEAD, PLEASE.
THAT I CAN PROVIDE YOU. ALL RIGHT. NOW, IF THAT WOULD BE.
IF YOU HAVE COPIES, I'D ABSOLUTELY TAKE IT.
DECATUR, WISE COUNTY, TEXAS. PROPERTY ONE. IN SEPTEMBER OF THIS YEAR, OUR SURVEYING AND ENGINEERING FIRM, CORRELATE PROPS AND BODY PLLC, WAS ENGAGED BY THE OWNERS OF PROPERTY ONE, DREW ANTHONY RICHARD AND SPOUSE JULIE B.
RICHARD AS RECORDED IN DOCUMENT NUMBER 202103497.
[00:45:02]
A PRIOR SURVEY OF PROPERTY ONE PERFORMED BY WILHITE LAND SURVEYING INC.THE REMAINDER LIES ON THE ADJOINING PROPERTY AT 3024 TIMBER TRAIL DRIVE, LOT 26R, BLOCK F, SOUTH MARTIN BRANCH ADDITION, DECATUR, WISE COUNTY, TEXAS.
PROPERTY TWO. AS SHOWN ON THE SURVEY PERFORMED BY WILHITE LAND SURVEYING.
THE RETAINING WALL IN QUESTION IS ON THE EAST SIDE OF PROPERTY ONE AND WEST SIDE OF PROPERTY TWO.
THE SURVEY DESCRIBES THE RETAINING WALL AS ONE STONE WALL WITH W, D, F AND C.
THIS WOULD BE INTERPRETED AS ONE FOOT WIDE STONE RETAINING WALL WITH A WOODEN FENCE.
THE SURVEY SHOWS THAT 0.25FT, OR THREE INCHES OF THE WALL IS ON PROPERTY, ONE AT ITS NORTHEAST CORNER AND 0.29FT, OR 3.5IN OF THE WALL, IS ON PROPERTY ONE AT ITS SOUTHEAST CORNER.
THEREFORE, MOST OF THE RETAINING WALL, 0.75FT NINE INCHES AND 0.71FT, 8.5IN IS ON PROPERTY TWO.
3024 TIMBER TRAIL DRIVE. FURTHERMORE, THE DECLARATION OF COVENANTS FOR THE SOUTH MARTIN BRANCH SUBDIVISION RECORDED AN INSTRUMENT NUMBER 2009-45460. OFFICIAL PUBLIC RECORDS OF WISE COUNTY APPLIES TO BOTH PROPERTY ONE AND PROPERTY TWO.
ITEM 2.R OF THE COVENANTS ADDRESSES RETAINING WALL MAINTENANCE AND STATES RETAINING WALLS LOCATED IN THE INTERIOR OF ANY LOT OR LOCATED ON THE PROPERTY LINE BETWEEN A LOT AND A COMMON AREA INTENDED TO RETAIN SOIL ON THE LOT SHALL BE MAINTAINED BY THE OWNER OF THE LOT.
THE RETAINING WALL BETWEEN PROPERTY ONE AND PROPERTY TWO RETAINED SOIL ON PROPERTY TWO.
UNDER THE COVENANTS, RESPONSIBILITY FOR MAINTAINING THE WALL RESTS WITH THE OWNER OF PROPERTY TWO.
3024 TIMBER TRAIL DRIVE AND NOT THE PROPERTY ONE AT 3021 COLLEGE AVENUE.
RESPECTFULLY. DEVIN G. SMITH. THANK YOU VERY MUCH.
THANK YOU. DID THE BOARD HAVE ANY QUESTIONS? I FEEL LIKE I'M A MAN OF GOOD REASON. I LIVE IN THIS NEIGHBORHOOD.
THANK YOU FOR YOUR QUESTION. WE WILL BRING THAT TO OUR ATTORNEY, AND OUR ATTORNEY WILL ADDRESS THAT.
THANK YOU. AS FAR AS THE PERMIT FOR THE PART OF THE WALL THAT WAS COMPLETED, I, IT LOOKS LIKE IT WOULD NOT SEND BECAUSE IT WAS TOO LARGE.
WHEN DOES ANY OF THIS INFORMATION CHANGE THE CITY STAFF'S RECOMMENDATION? NO, SIR. THANK YOU.
RANDY, CAN YOU GO BACK TO THE CITY AND STAFF? OH, THANK YOU VERY MUCH.
NOW, YOU HAD MENTIONED WE WOULD NEED TO TAKE TWO ACTIONS ON BOTH OF THESE AGENDA ITEMS. YES. EACH PROPERTY WOULD HAVE ITS OWN ORDERS THAT WOULD COME ACROSS.
I DO HAVE A PROPOSED MOTION. THE WE HAVE BEEN WORKING ON DRAFTING THE ORDERS.
WE DID NOT HAVE THEM COMPLETED FOR TODAY UNTIL A FEW MINUTES AGO.
I DO HAVE THE ORDERS READY BASED OFF OF STAFF RECOMMENDATIONS, BUT WE WEREN'T SURE WHERE WE WOULD END UP ON THIS, SO I HAVEN'T PRINTED THOSE TO HAVE THAT. I DO HAVE PROPOSED MOTIONS FOR EACH PROPERTY.
[00:50:09]
JUST TO CONFIRM. DID THE PROPERTY OWNERS OR REPRESENTATIVES FROM THE TIMBER TRAIL STREET WANT TO SPEAK? WOULD YOU LIKE TO SPEAK? OKAY. I'D LIKE TO SPEAK.I'M NOT SURE THE TERM THAT YOU HAD USED FOR YOUR TIMELINE.
THAT WAS BASED OFF OF THE WALL THAT WAS ACTUALLY BUILT THERE.
YES. THAT WALL. IN ORDER TO MITIGATE ANY FURTHER DAMAGE ON THOSE PROPERTIES, WE DID ISSUE THE PROPERTY, THE PERMIT, IN ORDER FOR THEM TO MOVE FORWARD WITH THE REPAIR OF THE RETAINING WALL OUTSIDE OF THESE TWO PROPERTIES.
BUT IT WAS PLACED IN THERE WITH A FOOTING TO ANCHOR THAT WALL IN THERE.
SO IT REMAINS STABLE UNTIL FURTHER REPAIRS COULD BE MADE.
I THINK THAT THE CHAIR WAS WANTING TO KNOW IF THE PROFESSIONALS YOU HAVE TALKED TO AND RECEIVED INFORMATION FROM ABOUT WHEN THEY COULD COMPLETE THE WALL.
IT WAS DIFFERENT THAN WHO THE RICHARDS ARE TALKING TO.
OUTSIDE OF ASKING THE PROPERTY OWNERS ENGINEERING COMPANY FOR THE SECOND DISCUSSION ITEM.
I DON'T KNOW WHAT OTHER QUESTIONS TO ADDRESS AND WHY THEY WOULD NEED THE ADDITIONAL TIME.
LET ME CLARIFY FROM WAYNE, THE BUILDING OFFICIAL, THE COMPLETION DATE IN THE REQUEST WASN'T ANY DIFFERENT. CORRECT. FOR THE IN THE REQUEST FOR EXTENSION, THE COMPLETION DATE WAS NOT ANY DIFFERENT, CORRECT? COMPLETION DATE WAS DIFFERENT. IT WAS 30. IT WAS DECEMBER.
OH, DECEMBER. EXCUSE ME. OKAY. THEY HAD REQUESTED THE COMPLETION DATE TO BE MOVED TO.
OKAY. AND YOUR STAFF RECOMMENDATION IS THAT THE WORK AS FAR AS THE DEADLINES THAT HAVE BEEN MISSED, TO FOREGO ANY ACTION ON THOSE MISSED DEADLINES, AS LONG AS THE WALL IS COMPLETED BY THE ORIGINAL COMPLETION DATE, NOVEMBER 30TH. OKAY. THANK YOU FOR CLARIFYING THAT FOR ME.
GIVEN THE TESTIMONY PRESENTED, I WOULD ENTERTAIN A MOTION FOR THIS ITEM 3021 SOUTH COLLEGE TO.
THIS IS A PROPOSED MOTION. YOU CAN MODIFY THAT.
YOU CAN CREATE YOUR OWN MOTION, BUT IT IS JUST A PROPOSED MOTION TO MOVE FORWARD WITH THE MODIFICATION OF THE ORDER. SO THIS MOTION IT LOOKS LIKE WE'RE APPROVING.
WHEREAS THE PREVIOUS ONE WE WERE DENYING THE REQUEST FOR THE EXTENSION.
SO JUST. IT'S THE SAME THING. OKAY. IT'S TO APPROVE THE SUPPLEMENTAL FINDINGS AND ORDER AND THEN AFFIRM. DENIED THE REQUESTED EXTENSION, UNDERSTOOD.
IT DOES HAVE LANGUAGE IN THERE THAT IF THE RESPONDENTS FAIL TO COMPLETE THE REPAIRS BY NOVEMBER 30TH, 2026, CITY STAFF IS ORDERED TO AUTHORIZE IS AUTHORIZED TO AFFECT COMPLIANCE WITH THE ORDER, INCLUDING CITY PERFORMED CORRECTIVE WORK AND ASSESSING THE AUTHORIZED COSTS AND ADMINISTRATIVE CHARGES AGAINST THE PROPERTY OWNERS, SUBJECT TO APPLICABLE LAW. THAT WAS NOT INCLUDED IN THE ORIGINAL ORDER THAT WAS ISSUED FROM THIS BOARD.
[00:55:10]
I THINK IT SEEMS REASONABLE AND OUTSIDE OF ANY OTHER REASONING FROM THE CITY ENGINEER WHY IT CAN'T BE DONE IN 42 DAYS, I WOULD ENTERTAIN THE MOTION AS STATED. I THINK WE HAVE TO READ THE MOTION.I WOULD MAKE A MOTION THAT WE A VOTE AND APPROVE THIS MOTION.
HERE IS THIS MOTION I MOVE TO APPROVE AND ADOPT THE SUPPLEMENTAL FINDINGS.
IN THE ORDER FOR CASE 26-0154, AFFIRM THE COMMISSION'S AUGUST 31ST, 2026 ORDER, DENY THE REQUEST FOR THE EXTENSION AND REQUIRED COMPLETION, INSPECTION, AND APPROVAL ON ALL OF CORRECTIVE WORK BY NOVEMBER 30TH, 2026. IF RESPONDENTS FAIL TO COMPLY BY NOVEMBER 30TH, 2026, THE CITY STAFF IS ORDERED TO AUTHORIZE TO THE EFFECT WITH THE ORDER INCLUDING CITY, PERFORM CORRECTIVE WORK AND ASSESSING THE AUTHORIZED COST AND ADMINISTRATIVE CHARGES AGAINST THE PROPERTY OWNERS SUBJECT TO LAW. THAT IS A WONDERFUL MOTION, JOE.
SECOND. A SECOND FROM DANNY. ALL IN FAVOR? AYE.
ANY OPPOSED? HEARING NONE THAT PASSES. NOW, WE DO NEED TO GO BACK TO THE PREVIOUS ITEM AS WELL, WHICH WAS TAKEN TOGETHER. AND WE CAN PROVIDE AN OPPORTUNITY FOR ANY RESPONDENTS TO COME FORWARD IF THEY CHOOSE TO.
AGAIN, ANOTHER OPPORTUNITY IF YOU'D LIKE TO COME UP.
HEARING NONE. THIS ONE IS BECAUSE THIS IS A NEW CASE BEFORE THE BUILDING STANDARDS COMMISSION. YOU WOULD HAVE TO DETERMINE IT'S SUBSTANDARD AND THEN WORK THROUGH THE.
THE TIMELINES AND STAFF'S RECOMMENDATION IS GOING TO BE TO ALIGN THOSE TIMELINES.
MAKE A MOTION THAT WE APPROVE OPTION TWO. MOTION FROM DANNY.
SECOND. SECOND FROM RYAN. ALL IN FAVOR? AYE. FOR THE RECORD, THAT WAS DANNY MOVING THAT THE STRUCTURE AT 3024 TIMBER TRAIL DOES MEET THE CRITERIA OF A SUBSTANDARD STRUCTURE.
YES, THAT'S CORRECT. MOVING ON TO THE TIMELINE AND THE DETERMINATION.
I HAVE RECOMMENDATIONS ON THIS TO ADOPT THE PROPOSED FINDINGS AND DETERMINE THAT THE RETAINING WALL AND ASSOCIATED CONDITIONS TO BE SUBSTANDARD AND UNSAFE REQUIRE CORRECTIVE WORK UNDER SEALED PLANS FROM A TEXAS LICENSED PROFESSIONAL ENGINEER WITH REQUIRED PERMITS AND INTERIM PROTECTION, COMPLETE ALL CORRECTIVE WORK INSPECTIONS AND APPROVALS BY NOVEMBER 30TH, 2026.
THIS IS A PICTURE OF HOW THAT WALL LOOKS TODAY, WHERE IT TIED IN TO THE DAMAGED WALL.
AND YOU'D MENTIONED THAT THERE'S JUST ANCHORS GOING THROUGH THAT. THERE'S AN ANCHOR THAT COMES OFF OF THIS, THAT GOES BACK INTO 3024'S PROPERTY AS AN ANCHOR TO TIE THAT WALL IN.
3024 IS ABOUT FIVE FOOT WIDER ACROSS THE BACK THAN 3021 SOUTH COLLEGE.
AND OF COURSE, WE HAVE THE STANDARD 30-90 AND WITHIN 90 OR EXCEEDING 90 DAYS WITH THIS.
AND I DO HAVE A PROPOSED MOTION FOR 3024 TIMBER TRAIL.
AND IN THIS CASE, WE WILL SET THAT FOR NOVEMBER 30TH INSTEAD OF THE PRE.
OKAY. CAN I MAKE A MOTION THAT ON CASE NUMBER OR ON THE HOUSE 3024 TIMBER TRAIL.
[01:00:03]
CASE NUMBER 26-101, 1, 0178. MAKE A MOTION THAT I MOVE TO APPROVE AND ADOPT THE FINDINGS IN ORDER FOR THE CASE 26-0178, FIND THAT THE RETAINING WALL AND ASSOCIATED CONDITIONS CONSTITUTE A SUBSTANDARD AND UNSAFE STRUCTURE CONDITION AND REQUIRE COMPLETION AND INSPECTION AND APPROVAL OF ALL CORRECTIVE WORK BY NOVEMBER 30TH, 2026. IF THE RESPONDENT FAILS TO COMPLY BY NOVEMBER 30TH, 2026 THE CITY OF DECATUR, TEXAS IS ORDERED TO THE EFFECT IN COMPLIANCE WITH THE ORDER, INCLUDING CITY PERFORMED CORRECTIVE WORK AND ASSESSING THE AUTHORIZED COST AND ADMINISTRATIVE CHARGES AGAINST THE PROPERTY OWNER, SUBJECT TO APPLICABLE LAW.I SECOND THE MOTION. A MOTION FROM JOE AND SECOND FROM RYAN.
ALL IN FAVOR? AYE. ANY OPPOSED? HEARING NONE.
OKAY. I HAVE A SOMEONE WISH TO SPEAK. IF YOU'D LIKE TO.
WOULD YOU LIKE TO COME UP AND. YEAH. COME UP TO THE MIC, PLEASE. THANK YOU.
MY NAME IS MANUS, I MANAGE THE PROPERTY SUPER 8, 1709 US HIGHWAY 287.
I HAVE A SPECIAL REQUEST HERE. THERE IS SPECIAL EVENT IN TEXAS SPEEDWAY MOTORWAY FROM 21ST TO 24TH. WE HAVE LIKE 40 RESERVATIONS IN OUR PROPERTY AND PEOPLE RESERVE THESE RESERVATIONS WEEKS AND MONTHS IN ADVANCE.
MANY OF THEM ARE PREPAID RESERVATIONS, AND THERE IS NO WAY FOR US TO CANCEL THOSE RESERVATIONS.
SO I WOULD LIKE TO REQUEST IF THOSE RESERVATIONS CAN BE HONORED.
WHAT WAS THAT DATE? BETWEEN 21ST AND 24TH. OF? OCTOBER. OCTOBER. CHAIR, I'D LIKE TO REMIND THE COMMISSION THAT THE CERTIFICATE OF OCCUPANCY IS REVOKED.
IS THERE ANYTHING THAT I CAN REQUEST YOU FOR THIS? WE CAN TALK AFTERWARDS. SURE. THANK YOU. THANK YOU FOR GIVING YOUR TIME, SIR.
THANK YOU. AS FAR AS THE DISCUSSION ITEMS I WANTED TO BRING BACK TO YOU.
[Items IV.5 & IV.6]
204 WEST BRADY STREET. YOU DID DECLARE THAT STRUCTURE SUBSTANDARD ON SEPTEMBER 21ST OF THIS YEAR AND GAVE THEM 30 DAYS TWO TO COMPLETE THE REPAIR, REMOVAL OR DEMOLITION OF THE PROPERTY.HOWEVER, THAT 30 DAYS HAD NOT LAPSED. IT'S JUST A FEW DAYS SHORT OF THIS MEETING, AND SO WE'RE GOING TO PUSH THIS TO THE TO A PUBLIC HEARING ON NOVEMBER 16TH TO PRESENT IF ANY WORK HAS BEEN COMPLETED AT THAT TIME.
IT HAS NOT AT THIS TIME. NO, NO ADDITIONAL WORK HAS BEEN DONE ON THAT PROPERTY AT THIS TIME.
BUT WE'LL HAVE IT BACK BEFORE YOU IN NOVEMBER TO BRING A ORDER OF DEMOLITION OR EVIDENCE OF REPAIRS THAT WERE COMPLETED ON THE PROPERTY. 208 WEST WALNUT STREET IS A CURRENT CODE CASE THAT PERTAINS TO A RETAINING WALL OF ALL THINGS. AND SO IT IS DAMAGED AND IN DANGER OF COLLAPSING BASED ON AN ENGINEERING STUDY THAT WAS PERFORMED ON IT. AND WE DO HAVE NOTICES OF VIOLATION OUT ON THAT RIGHT NOW.
WE'RE WAITING FOR RESPONSE FROM THE PROPERTY OWNER. WE HAVE NOT RECEIVED ANYTHING AT THIS TIME, BUT WE WE WILL HAVE THAT BACK BEFORE THE BOARD EITHER BRINGING YOU INFORMATION THAT THAT WE HAD VOLUNTARY COMPLIANCE ON THIS OR THE NEXT STEPS AND ORDERING IT SUBSTANDARD. AND SO THOSE ARE THINGS THAT WILL BE COMING UP IN NOVEMBER, POSSIBLY DECEMBER, DEPENDING ON WHAT THE CASELOAD LOOKS LIKE ON THERE.
[V. CONSENT AGENDA ITEMS]
2026 MEETING. IF YOU NEED A COUPLE MINUTES TO REVIEW THE MINUTES FROM THE PRIOR AGENDA.[01:05:07]
IF NOT, I WOULD LIKE TO MAKE A MOTION TO APPROVE THE AUGUST 31ST, 2026 MINUTES.SECOND. SECOND FROM. MOTION FROM DANNY. SECOND FROM ROLANDO.
ALL IN FAVOR? AYE. ANY OPPOSED? HEARING NONE PASSES.
AND I WOULD LIKE TO ENTERTAIN ANOTHER MOTION FOR THE APPROVAL OF THE SEPTEMBER 21ST MINUTES.
OH, I KNOW. ALL IN. ALL IN FAVOR, PLEASE SAY AYE.
THANK YOU. ANY OPPOSED? NONE IN IT PASSES. FUTURE AGENDA ITEMS.
[VI. FUTURE AGENDA ITEMS ]
WE WILL HAVE. OF COURSE, THIS BOARD THIS COMMISSION DOES TAKE A LOOK AT CODE AMENDMENTS THAT WE PROPOSE FOR OUR BUILDING CODES. SO WE WILL HAVE A COUPLE OF CODE AMENDMENTS, ONE SPECIFIC TO AIRCRAFT HANGARS AND THE ADOPTION OF THE 2026 NATIONAL ELECTRIC CODE THAT WE'RE HOPING TO BRING TO YOU BY THE NEXT MEETING.THESE ARE THE 2026 NATIONAL ELECTRIC CODE, OF COURSE, CAME OUT THIS YEAR.
IT WAS ADOPTED BY THE STATE IN SEPTEMBER OF THIS YEAR.
AND THE NEXT BUILDING STANDARDS COMMISSION MEETING IS SCHEDULED FOR NOVEMBER 16TH, 2026 AT 3:30 P.M., OR IMMEDIATELY FOLLOWING THE BOARD OF ADJUSTMENT MEETING.
ANY OTHER ITEMS FOR ME, MR. SMITH? NO, SIR. IT IS 4:39.
I WILL CLOSE THE PUBLIC HEARING AND ADJOURN OUR MEETING AS WELL.
THANK YOU VERY MUCH.
* This transcript was compiled from uncorrected Closed Captioning.