First things first - code enforcement
submitted by Tom Linehan
Below is an email sent by Geoff Mueller to the neighborhood leadership, the Austin Chronicle, the City's permit department, and anyone else who might listen on Thursday, July 26. Geoff is an Allandale resident who lives in Allandale on Strass Drive just south of Hancock on the west side of Shoal Creek. He is having to suffer the consequences of a speculator who has raised the house next door to him and is building a much larger home in its place.
This is an example of the code enforcement concerns Allandale and other central city neighborhoods are having. This was on the top of Allandale Neighborhood Association's list of issues that I took to the July 19 Townhall neighborhood association meeting at Palmer Auditorium conducted by city manager, Toby Futrell.
Geoff's email was sent on Thursday. On Friday, a "stop work" notice was posted on the building.
Geoff's email follows:
I decided to give this a couple of days before responding to see what, if anything, was being done about the monstrosity going up next door to my house. It seems the answer is nothing - at least as far as the city is concerned.
It used to be that the City function acted in a utilitarian way in regards to its citizens: the greatest good for the greatest number. In this case, I have no idea what is motivating the city to overlook the concerns of the citizens of the neighborhood in the interest of one person. So, I ask, what is the motivation? What unknowns are at play here? These are not rhetorical questions. I fully expect a response.
So let's re-visit the issues as I
see them (again, these are not rhetorical questions listed herein):
1. No
permits were pulled until after Caroline and I contacted the city. The house
was demolished all the way to the sub-floor - not a single wall remained. Was a
demolition permit granted? I, for one, have not seen one. Below, it seems the
answer is no.
2. $36,000 remodel? Is this is a joke? There has already been $36K of work done on the house. I would like to hear the City's justification for allowing this. At 2600 sq ft times approximately $150/sq ft, the figure should be $390,000.
3. What are the impervious cover restrictions for the lot? The house is over 2600 sq ft, there is approximately 1000 sq ft of porch, AND there is a garage that's approximately 500 sq ft. Is this within impervious cover restrictions?
4. What recourse do I have for their, 1. pulling the fence between our property line down and then 2. knocking down the repairs I had to do because they did not? Or, am I supposed to just lay back and take this, as well, in the interest of allowing him to build this thing?
5. What recourse do I have that building litter is winding up in my yard?
6. What effect, precisely, does the McMansion law have upon this house?
7. How will my property taxes be impacted by this house? There seems to be the misconception that this house will not have an adverse impact on its neighbors when this couldn't be farther from the truth.
That's enough. Allow me to clearly state my expectations going
forward:
1. I have to follow the law. Caroline has to follow the law. I
expect that this build will follow the letter of the law. Proper permits need
to be pulled. If they were knowingly improperly granted, then this needs to be
reversed quickly. The evidence clearly states that the builder has not done
what is expected of him.
2. No variances. The build will follow the law. Again, I do not understand why the law is being selectively applied.
3. I expect answers.
If the law is being followed, then I have no recourse. It's that simple. Otherwise, I will personally continue to push this. Due to the inarguable lies and deceptions that have occurred so far, it's necessary.
Finally, I would like to address this:
"And remember
to be neighborly."
If I remember correctly, part of being neighborly is being a law-abiding citizen. As a property owner who pays taxes and follows the law, I feel like I already am being neighborly. However, my "new neighbor," a house-flipper who is flaunting the law, will never spend a single night in that house. In fact, he's already showing the property, so his story that he's going to move in - if he's used that one on you - is a lie. We aren't the people who need to be lectured, Mr. Marshall.
I may be contacted here. If I do not receive an adequate, timely response, I will escalate as necessary. This house is having, and will have, a tremendously adverse impact on me. I may be forced to move out of the house I have lived in for eight years because of expected property tax increases, and I have been active in the neighborhood. All for a house-flipper. Seems to be a poor trade, doesn't it?
Sincerely,
Geoff Mueller
This is in response to Mr. Marshall's note that there is nothing to enforce at 4905 Strass Drive and an admonition that we be neighborly. Mr. Marshall's note is included below for your review.Why are we supposed to be neighborly? Mr. Ugly HOuse, Richard Edson, is not being neighborly. He isn't some dumb guy who makes a mistake. He has done this same thing on twenty houses in the area over the past couple of years. Neither he nor Housebuyers, Inc. is registered with the Residential Construction Commission. Texano Construction is not registered w/ the Commission. He knows what is required and what he is not doing. He is doing this all over town and City staff is aiding and abetting his breaking the rules.The best understanding I have gotten so far is Barbara in Mayor Wynn's office. I have told her the system is broken - builders are coming into our neighborhood and demolishing houses without demolition permits. They are building w/o building permits. They are falsifying info on permit applications -- 4905 is not a remodel, it is not $36,000 of materials and labor and HVAC equipt., it still doesn't have the engineer-designed piers under the front or back of the floor!City Attorney Deborah Thomas (deborah.thomas@ci.austin.tx.us) for Development Review has a 'ho hum' attitude, saying 'we just try to get them in compliance'. She also says that there is no problem with builders submitting incorrect and false information on building permit applications because the City's aim is to gain compliance.I reminded her that Mr. Ugly House is not a one-time violator, he is a knowledgeable, multi-violator. Helping him obtain a demolition permit well after the house is torn down and nearly reframed is like a traffic patrol man stopping me for speeding and then helping me turn my car so it will go faster, but not writing a ticket. She feels that my example for Traffic is different from Development. I don't. I don't understand why Traffic hands out tickets for violations and Development hands out after the fact Pemits.Staff is aiding and abetting rule breakers and then helping them get a variance when they cannot get a occupancy permit. In fact there is a section of the City Code under Developmentยง 25-11-93 APPEAL.
An interested party may appeal a decision of the building official to grant or deny a permit under this division to the Building and Fire Code Board of Appeal.
at http://www.amlegal.com/austin_nxt/gateway.dll?f=templates&fn=defa ult.htm&vid=amlegal:austin_tx
I am writing a letter this evening to the City Attorney and the Mayor asking that, in light of the numerous omissions and falsifications on the demolition and building permits and the violations of City Development Code and a lack of registration with the Texas Residential Construction Commission by Mr. Edson, his company (Housebuyers, Inc.) and his contractor( Texano), that I am officially appealing the decision of the City building official to grant a demolition and building permit for the property at 4905 Strass Drive.I ask that you join me in making a written and phone request.Moreover, the house at 2706 49 1/2 doesn't have a demolition permit and hasn't even passed the site layout inspection back in early May. No other inspections have been called for, it is now three stories high. What can we do to be neighborly there? I was told by the City Attorney Thomas that if the builder cannot pass all the inspections, City staff will help the builder get an variance?! Isn't that rich?=============================================Previous correspondence in reverse order, earliest at the bottom:X-OriginalArrivalTime: 17 Jul 2007 20:57:29.0796Subject=<RE: Residential Building - new construction at 4905 Strass Dr.>This department responds to complaints only. Therefore I can not say
for sure whether or not I will have to come back to this address. At
the moment there is nothing that I have to enforce at this address.
Though I believe that you need erosion control on your construction
site. And remember to be neighborly.
Sincerely, your friendly nieghborhood Code Enforcement Investigator
Khalid Marshall
SWS Code Enforcement
974-9078 Work
802-7608 pager
-----Original Message-----
From: don redmond [mailto:dredmond12@yahoo.com]Sent: Tuesday, July 17, 2007 1:52 PM
To: Benavidez, Sylvia
Cc: Marshall, Khalid
Subject: RE: Residential Building - new construction at 4905 Strass Dr.
Thank you for your reply. Is the City going to conduct any further
investigation or enforcement of City's laws for the activities at 4905
Strass Dr.?
Sincerely,
Don Redmond--- "Benavidez, Sylvia"
<sylvia.benavidez@ci.austin.tx.us> wrote:
> No demo has been applied for.
> ________________________________> From: dredmond12@yahoo.com
> [mailto:dredmond12@yahoo.com]
> Sent: Monday, July 16, 2007 10:30 AM
> To: WPDR Residential Building; Benavidez, Sylvia> Subject: Residential Building - new construction at 4905 Strass Dr.>> Hello,> I own property near the new construciton at 4905 Strass Dr. This
> construction activity first started as a remodel, but changed to a
> complete demolition of the previous structure. There is now the
> construction of a new building. There appears to be a building permit
> application for a remodeling job (2007-135396 BP).
>Has this demolition
> and construction obtained and complied with all required permits and
> complied with all required codes? With all of the wet weather, I am
> concered about demolition debris and construciton waste getting into
> the creek behind the house. I also do not want a nuisance created in
> the neighborhood if the structure fails because the construction did
> not follow all of the necessary requirements.
>> Thank you,> Don Redmond--Caroline Reynolds, P.E.
CR Solutions 512-454-8880 512-371-3151 fax
crsolns@texas.net
2611 West 49th St.
Austin, Texas 78731
Update:
No building activity has occurred since the stop notice was posted. However, that sign has been down for about a week.
Yesterday, the refrigerator was finally removed from the property, and the "owner" posted "No Trespassing" signs around the house. I'm quite sure, between the police tape and signs, that all people, animals, insects, etc., will stay well clear of the house. Or not.
No new permits have been posted to the front of the house, so I am not sure of permit status.
Posted by:Geoff Mueller | Aug 08, 2007 at 09:43 AM