5645 Vickery Blvd Demolition Order and Petition

8/14/2019 5645 Vickery Blvd Demolition Order and Petition

1/5

No. 550-002168-01

CITY OF DALLAS,Plaintifl

VS,

5645VICKERYBOULEVARD,Defendant

$$$$$$$$

TNTHE MLTNICIPALCOURT OF

THE CITY OF DALLAS

DALLAS COIINTY, TEXAS

ORDERAUTHORIZINGCITYoFDALLASToDEMOLISHSTRUCTUREoNPROPERTY

On October 13, 2009, the Court ORDERED that the structure ocatedat 5645 Vickery Blvd'

Dallas, Texas (the.,property,,) be demotisneo by the owne(s), mortgagee(s), ienholder(s) or

other

persons having an intereit in the structure witttin':O duyt. The court-furtherORDERED that if said

persons ail to abiOe bV the order, withrn the allotted time, the City of Dallas'through its agents and

contractors, is authorized to enter the froferty, demolish the structureon the Property' remove all

components and personalty, and place a lien on the Property where allowed by law for its incurredexpenses.

A copy of th e court's order was mailed to each known owner, mortgagee'ienholder or

interested arty, vi a certified mail return "..ipf t.qrested, within l0 days ofth e Court's ssuance f th e

order. A copy of the order was also filed wiitt ttte real property recordsof Dallas County and with the

Dallas city Secretary. Moreover, a copy of the order was posted on the Propertyand relevant portions of

the order, as dictated by law, were published n the october 20, 2009edition of the Dallas Morning

News.

Following the lapse of 30 days from the court order, the above referencedproperty was

reinspected and the structure was found to be standing, n its same condition,on the property' As a result

of the reinspection, Noti." of Noncompliance was lailed to each known owner' mortgagee,ienholder

or interested property, via certified mail return receipt requested' A copy ofthe notice was also posted

on the Property and published n the November 16,2009 edition of the DallasMorning News'

upon these findings and pursuant o Article IV-a of chapter 27 of theDallascity code and

Section 214.001 of the Local Government Code t is the intention-of he Cityof Dallas to proceed with

and act upon he Court's October 13,2009 orders'

It is therefbre ORDERED that the City of Dallas is authorized, hrough its authorizedagents and

contractors, o: I ) remove doors, gates, windows, ocks, walls, boards andother barriers preventing entry

onto the Property; 2) enter the Property to ' inspect, photograph, andmeasure for purposes of

documentation; ) demolish he structur" und uny aCr"rrory struiture(s) on theProperty; 4) remove a1l

components and personalty; and 5)place a lien on the Property where allowed by law for the City's

incurred expenses.

Z dayor z-Azooe'

Presiding udge

Signed hi s


2/5

t

iT

{ilril/illllilillr4rlilltuJfilflililll

CITY OF DALLAS,Plaintiff,

VS.

5645 VICKERY BOULEVARD,Defendant

200900284fNOTICE14No . 350-002168-01

FILED.,rrB1"b'ffJot3,'iL*o'

5Lr1 1 2009

$$$$

$$$$

BY .l'LLf - -IN THE MUMCIPAL COI-]RTOF

THE CITY OF DALLAS

DALLAS COLINTY,TEXAS

PETITION AND NOTICE OF PUBLIC IIEARING

Pursuant o Article V-a of Chapter 7 of the DallasCity Code and Section l4.0}l of the Local

Government Code, the City of Dallas files this Petition and Notice of Public Hearine and would

respectfully howunto he Court he ollowing:I. F'ACTS

1. A vacant structure ntended or human occupancy xistson the property ocated n Lot 13, Block

8/1926 commonly referred to as 5645 Vickery Boulevard, Dallas, Texas (hereinafter 'structure,' or

"Property"). Upon nformation and belief,said Structure ndPropefi are ownedby Joseph B. L. Foster

whose address 645 Vickery Boulevard, Dallas, TX 75206. Structure and any accessory rructure

violatenumerousminimum housing standards n Chapter 7 of the Dallas City Code as specifically set

forthbelow:

t . l Failure to protect the exterior surfaces of a structure that are subject to decay by

application of paint or other coating n violation of Section 27-11(b)(1);

Failure to provide and/or maintain railing for stairs, steps, balconies, porches, and

elsewhere s specified n the Dallas Building code n violation of Section 27-11(b)(3);

Failure to maintain a structure ntendedfor human occupancy and a structure used as an

accessory o a structure ntended for human occupancy n a weathertight and water-tight

condition n violation of Section 27 -ll(b)(s);

1 .2

1 . 3


3/5

f 1 _

s50-002168-01

l'4 Failure to maintain floors, walls, ceilings, andlor all supporting structural members n a

sound condition, capable of bearing imposed loads safely in violation of Section 27-

I 1(b)(6); and

1'5 Failure to repair holes, cracks, breaks, and/or oose surface materials that are health or

safety hazards n or on floors, walls and/or ceilings in violation of Section 27-11(b)(g).

2' The Structure is dilapidated, substandard, unfit for human habitation, a hazard to the public

health, safety and welfare, and constitutes an urban nuisance.

II. REQUEST F'OR REPAIR, REMOVAL OR DEMOLITION

After a public hearing, the City of Dallas requests hat this Court order the Structure and any

accessory structure to be repaired, removed or demolished by the owner(s), mortgagee(s), ienholder(s)

and other persons having an interest in the Property within thirty (30) days. The City of Dallas further

requests hat, if said persons ail to abide by the order of this Court within the allotted time, then, the City

of Dallas, through its agents and contractors, s authorized to: (1) remove doors, gates, windows, locks,

walls, boards and other barriers preventing enhry onto the Property; (2) enter he property to inspect,

photograph, and measure he Property for purposes of documentation; 3) demolish the Structure and any

accessory tructure(s) on the Property; (4) remove all components and personalfy; (5) and place a lien on

the Property where allowed by law for the city's incurred expenses.

PETITION AND NOTICE OF HEARING - PAGE 2


4/5

,, \

s50-002168-01a

Respectfully ubmitted,

OFFICE OF THE CITY ATTORNEYCITY DALLAS,

AssistantCity AttorneyState ar No. 24051402ANDREW GILBERTAssistant City AttomeyState ar No.24012696JANET SPUGNARDISeniorAssistantCity AttomeyState ar No. 007965721500Marilla7CN

Dallas, exas 5201Tel. 214-670-3519Fax214-670-0622

III. NOTICE OF'PTIBLIC HEARING

A public hearing will be held n the MunicipalPropertyCourt Number 9 of the City of Dallas, at106S' Harwood Street, allas,Texas, 5201on he 3th d^ay f Ortob". 2009 t 1:30p.m., o determinewhether he aforementioned tructureon the property dentified above should be ieparred, emoved ordemolished. At this hearing, ach owner, ienholderor mortgagee ill be required o submitproof of thescope f any work that may be required o comply with the Jrd-irrun.".mentioned n this petitionand hetime t will take o reasonably erform he work.

Signed his S-day of September 2009.

Presiding Judge \-

GRANTEES, LIENHOLDERS OR TRANSFEREES

nurlynt,no'A{St?qV}; ofchapter 27 of theDallas ciry code and Section 2t4.00tof the LocalGovemment ode, totic'e t hereby given hat rr"niirg

"itlirtrtti"" of hearing s binding on subsequentgrantees, ienholders, or othet' ransferees of an interesiin the property who acq-uire uch nterest after thefilingof this notice, and constitutes oticeof the hearing " un;J;;q";;;;;'i;t

property who acquires such an interest after the filing of this notir".

INO

IV.

PETITION AND NOTICE OF HEARING - PAGE 3

ipient of any interest n the


5/5

J.-\__:. '. , r :*, ., / a _ ' II 'i ' "1"-i-"'

Fi led an d Recorded0 f f i c i a l P u b l c R e c o r d sJ o h n F. l r l a r r e n , C o u n t y C l e r kD a l l a s G o u n t y, T E X A S1@ @2 1 @@9 1 42 :24 Al 1s 2 4 . @ @

2009002814

5645 Vickery Blvd Demolition Order and Petition

Documents

Transcript of 5645 Vickery Blvd Demolition Order and Petition